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STATE  OF  ILLINOIS 

BULLETIN 

LABOR  LEGISLATION 

ENACTED   BY 
THE  FORTY-SEVENTH  GENERAL  ASSEMBLY 

OF   ILLINOIS. 


19  11 


Published  by  the 
BUREAU  OF  LABOR  STATISTICS, 
DAVID  ROSS,  Secretary. 


Sprinofisld,  III. 

Illinois  Statb  Journal  Co.,  Statb  Printbks 

1911 


^f^ 


ooo^^ 


:K» 


BOARD  OF  COMMISSIONERS  OF  LABOR 

1909. 


M.  H.  Madden,  President^  Chicago. 
Frank  B.  Mott,  Galesburg. 
J.  D.  Petees,  Carbondale. 

Secretwry, 
David  Eoss,  Springfield. 


223695 


NOV  14  i^n 
GIFT 


Part  L 

The  Act  creating  the  Employers'  Liability  Coimnissioii — Beport  of  tJom- 
mission  and  its  attorney  on  Employers'  Liabilit}'. 

Part  II. 

Eeview  of  Senate  Bill  No.  283,  with  analysis  of  other  important  laTwr 
measures. 

Part  III. 

Attitude  of  labor  leaders  respecting  Liability  and  Workmen's  Compen- 
sation Law — Protest  of  the  manufacturers — Veto  of  Senate  Bill 
Xo.  401. 

Part  IV. 
Laws  enacted. 

AppE3n)ix- 

Brief  abstract?  of  the  Labor  Laws  of  Illinois,  arranged  chronologicallv — 
1819-1911. 


CONTENTS. 


Page. 

Introduction 9 

PART  I. 

Act  creating  the  Employers'  Liability  Commission 13 

Report  of  the  Commission '. 15-52 

PART  II. 

Review  of  Senate  Bill  No.  283 .- 55 

vnalysis  House  Bill  No.  250 57 

Analysis  Senate  Bill  No.  440 58 

Analysis  House  Bill  No.  544.. '. 59 

Analysis  House  Bill  No.  547 59 

Analysis  House  Bill  No.  548 60 

Analysis  House  Bill  No.  546 60 

Analysis  Senate  Bill  No.  259 60 

Analysis  Senate  Bill  No.  264 60 

PART  III. 

Attitude  of  Labor  leaders  respecting  the  Liability  and  Workmen's  Compensation  law 63 

Governor  Deneen's  veto  of  Senate  Bill  No.  401 66 

Senate  Bill  No.  401,  relating  to  employers  and  employes  regarding  contracts;  text  of  the  bill 68 

PART  IV. 

LAWS  EXACTED  BY   THE   47TH   GENERAL  ASSEMBLY.  * 

Senate  Bill  No.  283,  compensation  to  employes  for  accidental  injviries  or  death;  text  of  the  bill 71 

House  Bill  No.  250  relating  to  occupational  diseases;  text  of  the  bill r 82 

Senate  Bill  No.  440,  providing  for  a  ten-hour  work  day  for  females;  text  of  the  bill. 86 

House  Bill  No.  544,  general  mining  law;  text  of  the  bill 87-117 

House  Bill  No.  547  requiring  fire  fighting  equipment  in  coal  mines;  text  of  the  bill 117 

House  Bill  No.  54S  regulating  the  character  of  powder  to  be  used  in  coal  mines;  text  of  the  bill 122 

House  Bill  No.  546  regulating  the  location  and  drilling  of  oil  or  gas  wells;  text  of  the  bill 124 

Senate  Bill  No.  486  providing  for  the  continuing  of  the  Mining  Investigation  Commission;  text  of 

the  bill 125 

Senate  Bill  No.  259  providing  for  establishing  Illinois  Miners'  and  Mechanics'  institutes;  text  of 

the  bill 128 

Senate  Bill  No.  264  amends  Section  2  of  the  Factory  inspection  Act:  text  of  the  amendment 128 

Senate  Bill  No.  420,  amends  Sections  2,  5  and  9  of  the  Act  establishing  mine  fire  rescue  stations; 

text  of  amendments 130 

Senate  B  ill  No.  418,  amends  Sections  1  and  10  of  the  Act  relating  to  Private  Employment  Agencies; 

text  of  amendments 131 

House  Bill  No.  410  to  regulate  the  use  of  basements  for  work  rooms;  text  of  the  bill 133 

House  Bill  No.  444  to  require  o\\Taers  of  buildings  to  equip  same  with  appliances,  for  safety  to  life 

and  property  by  fire  or  explosion;  text  of  the  bill 133 

Senate  Bill  No.  332,  provides  for  a  commission  to  revise  bmlding  laws;  text  of  the  biU 135 

Senate  Bill  No.  217,  amends  Section  50  of  An  Act  relating  to  emplojrment  on  public  works;  text 

of  amendment 136 

APPENDIX. 

Brief  abstract  of  the  labor  laws  of  Illinois,  arranged  chronologically,  1819-1911 . .  139 


INTEODUCTION. 

Substantially  every  legislative  measure  supported  by  organized  labor 
was  passed  by  the  Forty-seventh  General  Assembly. 

In  resi^ect  to  progressive  labor  legislation,  the  record  made  by  the 
late  session  is  in  every  way  commendable,  marking  as  it  does,  an  epoch 
in  labor  law  enactments.  The  appreciation,  not  only  of  the  members 
and  officers  of  organized  labor,  but  the  equally  valuable  approbation  of 
men  in  various  positions  and  pursuits  in  life  who  realize  the  necessity 
for  such  economic  relief,  is  generously  tendered  to  those  whose  votes  were 
potential  in  putting  Illinois  where  it  belongs  in  respect  to  such  advanced 
legislation. 

A  most  notable  feature  in  connection  with  this  legislative  record  is 
the  fact  that  notwithstanding  some  of  these  measures,  particularly  that 
defining  and  extending  the  liability  of  employers,  known  as  the  Com- 
pensation Act,  were  bitterly  opposed  by  certain  interests,  the  vote  of  the 
General  Assembly  in  House  and  Senate  was  practically  unanimous  in 
their  favor.  This  was  made  possible  largely  because  the  chief  measures 
— the  Compensation  Act — the  Act  relating  to  occupational  diseases — 
and  the  revision  of  the  coal  mine  Act  and  other  laws  pertaining  to 
mining,  were  all  the  products  of  special  commissions  appointed  for  the 
purpose.  These  commissions  gave  much  time  and  careful  study  to  the 
respective  subjects  and  the  bills  recommended  by  them  eml)odied  the 
latest  and  best  thought  on  these  questions. 

In  respect  to  measures  involving  new  legislation,  it  has  become  the 
practice  to  delegate  their  special  consideration  to  commissions  authorized 
by  the  Legislature.  This  is  not  usurping  the  powers  of  the  General 
Assembly  as  some  think,  but  rather  a  necessary  aid,  as  the  time  of  the 
average  member  during  a  brief  session  does  not  pennit  him  to  assemble 
the  information  required  or  to  fully  comprehend  the  pur]X)se  of  new 
legislation  dealing  with  separate  or  technical  subjects. 

For  a  quarter  of  a  centun^  the  representatives  of  organized  labor  had 
api)ealed  in  vain  to  the  Legislature  for  some  legal  relief  from  the  results 
of  industrial  accidents.  Third  in  rank  in  the  Union  as  a  manufacturing 
state,  Illinois  was  without  any  clearly  defined  or  comprehensive  enact- 
ment on  the  question.  The  failure  of  the  regular  session  of  the  Forty- 
sixth  General  Assembly,  like  its  predecessors,  to  meet  the  demand  for 
some  measure  of  justice  in  this  matter,  induced  Governor  Deneen  in 
convening  the  Legislature  in  special  session — 1910-to  include  in  the  call, 
a  request  for  the  enactment  of  a  law  relating  to  employers'  liability. 
A\iien  this  part  of  the  program  was  reached,  it  was  immediately  dis- 
covered that  the  Assembly  had  no  particular  information  relating  thereto, 
and  that  its  limited  time  would  not  permit  of  the  necessarv  investiga- 


LABOR   LEGISLATION    FORTY-SEVENTH,  GENERAL  ASSEMBLY.  13 


ACT  CEEATING  THE  EMPLOYEES^  LIABILITY  COMMISSION. 


(House  Bill  Xo.  42.    Approved  MARCrt  4,  1910.) 

An  Act  to  create  an  Employers'  Liability  Commission,  and  making  an 
appropriation  therefor. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  rep- 
resented in  the  General  Assembly:  That  a  commission  of  twelve  (12) 
members  is  hereby  created  to  be  known  as  the  Employers'  Liability 
Commission^  to  be  constituted  and  appointed  as  hereinafter  provided. 

§  2.  The  Governor  shall  appoint  within  twenty  days  after  this  Act 
takes  effect,  as  members  of  said  commission,  who  shall  be  citizens  of 
Illinois,  six  employers  of  labor  and  six  persons  who  are  either  employes 
or  are  known  to  represent  the  interests  of  workmen.  The  commission 
shall  elect  the  chairman  of  said  commission,  and  shall  have  the  power  to 
fill  any  vacancy  that  may  occur  in  its  meml^ership :  Provided,  however, 
the  vacancy  shall  be  filled  by  a  person  of  the  same  qualifications  as  the 
person  whose  vacancy  he  fills.  The  majority  of  the  members  of  the 
>aid  commission  shall  constitute  a  quorum. 

§  3.  Said  commission  shall  investigate  the  problems  of  industrial 
accidents,  and  especially  the  present  condition  of  the  law  of  liability -for 
injuries  or  death  suffered  in  the  course  of  industrial  employment,  as 
well  in  this  State  as  in  other  states  or  countries,  and  shall  inquire  into 
the  most  equitable  and  effectual  method  of  providing  for  compensation 
for  losses  suffered  as  aforesaid.  It  shall,  as  far  as  practical,  cooperate 
with  other  commissions  appointed  in  other  states  for  like  purposes.  It 
shall,  on  or  before  the  loth  day  of  September,  1910,  report  its  conclu- 
sions, together  with  the  draft  of  such  bill  or  bills  as  may  be  deemed  ap- 
propriate, to  the  Governor,  who  shall  at  once  publish  such  reports  and 
drafts  of  bill  or  bills,  and  shall  also  transmit  such  report  to  the  Forty- 
seventh  General  Assembly  for  action  thereon :  Provided,  that  such  com- 
mission shall  report  to  the  Governor  only  such  recommendations  as  shall 
have  been  agreed  upon  by  a  majority  of  that  part  of  the  commission 
representing  the  employers  of  labor  and  a  majority  of  that  part  of  the 
commission  representing  the  interests  of  the  workingmen. 

§  4.  The  commission  shall  meet  at  the  call  of  the  chairman,  and  elect 
a  secretary  from  among  its  members.  It  shall  cause  a  record  to  be  made 
and  kept  of  its  proceedings.  It  shall  have  power  to  employ  such  clerks 
and  assistants  as  may  be  necessary,  and  shall  fix  their  compensation,  and 
may  incur  such  other  expenses  as  are  properly  incidental  to  the  work  of 


14  '     b'u&eau^of  labor  statistics. 

the  commissioii.  The  members  of  the  commission  shall  be  reimbursed 
at  the  rate  of  five  dollars  ($5.00)  per  diem  while  actually  engaged  on  the 
work  of  such  commission,  and  reimbursed  for  their  actual  expenses  in- 
curred in  the  work  of  said  commission. 

§  5.  The  sum  of  ten  thousand  dollars  ($10,000.00),  or  as  much 
thereof  as  may  be  necessary,  is  hereby  appropriated  for  the  expenses  of 
the  commission,  and  the  Auditor  of  Public  Accounts  is  hereby  authorized 
to  draw  his  warrant  for  the  foregoing  amount,  or  any  part  thereof,  in 
payment  of  any  expenses,  charges  or  disbursements  authorized  by  this 
Act  on  order  of  the  commission,  signed  by  its  chairman,  attested  by  its 
secretary  and  approved  by  the  Governor. 

The  State  Board  of  Contracts  is  hereby  authorized  and  directed  to 
provide  all  necessary  -  printing  for  said  commission. 

§  6.  Whereas,  An  emergency  exists,  therefore,  this  Act  shall  be  in 
force  and  effect  immediately  after  its  passage  and  approval  by  the 
Governor. 

Approved,  March  4.  1910. 


LABOR    LIMilSLATION    FORTY-SEVENTH    GENERAL   ASSEMBLY.  15 


EEPORT  OF  THE  EMPLOYERS^  LIABILITY  COMMISSIOISr  OF 
THE  STATE  OF  ILLINOIS. 


Chicago^  III.^  September  15,  1910. 
To  Hon.  Charles  S.  Deneen,  Governor  of  Illinois: 

Dear  Sir — The  Employers'  Liability  Commission,  appointed  by  you 
pursuant  to  an  act  of  the  Legislature,  approved  March  4,  1910,  to  "in- 
vestigate the  problems  of  industrial  accidents,  and  especially  the  present 
condition  of  the  law  of  liability  for  injuries  or  death  suffered  in  the 
course  of  industrial  employment,  as  well  in  this  State  as  in  other  states 
or  countries,''  and  to  "inquire  into  the  most  equitable  and  effectual 
method  of  providing  for  compensation  for  losses  suffered  as  aforesaid," 
submits  the  following  report: 

The  following  were  appointed  members  of  the  commission : 

Employers. 

I.  G.  Rawn,  President,  Monon  Railroad,  Chicago. 

Mason  B.  Starring,  President,  Northwestern  Elevated  Railroad,   Chicago. 

Robert  E.  Conway,  General  Manager,  Armour  Packing  Company,  National 
Stock  Yards,  111. 

E.  T.  Bent,  Secretary,  Illinois  Coal  Operators'  Association,  Chicago. 

P.  A.  Peterson,  President,  Union  Furniture  Company,  Rockford,  111. 

Charles  Piez,  President,  Link-Belt  Company,  Chicago. 

W.  J.  Jackson,  Vice  President  and  General  Manager,  Chicago  &  Eastern 
Illinois  Railroad,  Chicago.     (Elected  to  succeed  Mr.  Rawn.) 

Employes. 

Edwin  R.  Wright,  President,  Illinois  State  Federation  of  Labor,  Chicago. 
George  Golden,  President,  Packing  House  Teamsters,  Chicago. 
Patrick  Carr,  United  Mine  Workers  of  America,  Ladd,  111. 
M.  J.  Boyle,  Switchmen's  Union  of  North  America,  Chicago. 
Daniel  J.  Gorman,  President,  Amalgamated  Association  of  Street  Railway 
Employes,  Peoria,  111. 

John  Flora,  Chicago  Federation  of  Labor,  Chicago. 

The  commission  held  its  first  meeting  at  Springfield,  111.,  March  24, 
1910,  and  was  addressed  by  Governor  Chas.  S.  Deneen.  After  the 
Governors  address,  the  commission  organized  by  electing  Mr.  I.  G.  Eawn 
as  chairman,  and  Mr.  Edwin  R.  Wright  as  secretary. 

The  commission  appointed  Mr.  Samuel  A.  Harper,  of  Chicago,  its 
attornev. 


16  BUREAU    OF    LABOR    STATISTICS. 

The  commission  has  held  thirty  executive  sessions,  and  thirteen  publiq 
hearings;  five  in  Chicago  and  two  each  at  East  St.  Louiis,  Springfield, 
Eock  Island  and  Peoria. 

A  joint  meeting  was  held  in  Chicago  with  the  Wisconsin  State  Com- 
mission, and  the  secretary  and  attorney  attended  a  joint  conference  of 
the  New  York  Commission  and  the  National  Civic  Federation  at  Xew 
York  City.  Several  representatives  of  the  commission  attended  one  of 
the  public  hearings  given  by  the  Wisconsin  Commission  at  Milwaukee. 
The  commission  also  took  an  active  part  in  the  national  convention  held 
at  the  Auditorium  hotel,  Chicago,  June  10th  and  11th,  under  the  auspices 
of  the  American  Association  for  the  Promotion  of  Labor  Legislation,  at 
which  convention  the  commissions  of  Minnesota,  Xew  York,  Wisconsin 
and  Massachusetts  were  also  represented.  Delegates  from  Xew  Jersey, 
Indiana,  Connecticut  and  other  states  were  in  attendance. 

The  commission  agreed  with  the  governor  in  his  statement  made  at 
its  first  meeting  that  a  thorough  investigation  should  first  be  made  into 
actual  working  conditions  in  the  industries  of  the  State  before  any  at- 
tempt was  made  to  draft  a  new  law  covering  the  general  subjects  of 
employers'  liability,  or  to  suggest  amendments  to  the  present  laws. 

A  thorough  investigation  was  therefore  immediately  planned,  and  was 
carried  on  under  the  following  heads : 

Special   Reports. 

1.  A  comparative  study  of  the  English  and  German  systems  of  compensa- 
tion, of  the  systems  proposed  by  various  states  of  the  United  States,  and  of 
the  relief  associations  operating  in  the  State  of  Illinois. 

2.  A  study  of  the  systems  of  compulsory  insurance  and  workmen's  com- 
pensation in  Europe. 

3.  A  iDreliminary  analysis  of  the  state  of  the  law  of  employers'  liability 
in  New  York,  with  a  discussion  as  to  the  legal  adaptability  in  the  State  of 
Illinois  of  foreign  plans  of  compensation,  and  a  consideration  of  the  most 
feasible  plan  to  be  adopted. 

Statistical  Studies. 

1.  An  investigation  was  made  of  200  industrial  fatalities  reported  to  the 
coroner  of  Cook  county  during  the  year  1908,  and  of  483  industrial  fatalities 
reported  to  the  authorities  as  occurring  in  other  portions  in  the  State,  for 
the  purpose  of  discovering  the  legal  and  economic  result  of  such  accidents, 
viz:  the  earning  capacity  of  the  workmen  killed,  the  number  of  dependents, 
the  compensation  received  from  employers  by  suit  or  settlement,  the  amount 
paid  lawyers  or  agents,  and  the  effect  of  such  accident  upon  the  life  of  the 
family. 

2.  An  investigation  was  made  of  771  industrial  accident  cases,  including 
death  and  injury,  reported  to  the  Railroad  and  Warehouse  Commission,  the 
Bureau  of  Labor,  the  Department  of  Factory  Inspection,  and  to  various 
organizations,  boards  and  associations. 

3.  An  investigation  was  made  of  718  industrial  accident  cases,  including 
death  and  injury  in  mines  and  quarries. 

4.  An  inquiry  was  made  into  the  cost  of  industrial  accidents  to  500 
employers  in  the  State  of  Illinois,  to  discover  the  total  cost  under  the  present 
system  of  employers'  liability  and  the  proportion  of  amount  spent  in  hospital 
and  medical  expenses,  insurance  premiums,  attorney's  fees,  settlement  and 
damages. 

5.  A  study  was  made  of  employers'  liability  insurance  experience  for  the 
purpose  of  ascertaining  the  number  of  cases  handled,  the  amount  of  settle- 
ments made,  with  and  without  suit,  and  the  proportion  of  payments-  to 
premiums  received,  et  cetera. 


LABOR    LEGISLATION    FORTY-SEVEXTH    GENERAL   ASSEMBLY.  1< 

General  Inquiries. 

1.  A  series  of  questions  were  submitted  in  the  form  of  a  letter  to  1,200 
employers,  members  of  the  Illinois  Manufacturers'  Association  and  others, 
and  to  1,700  labor  organizations  of  the  State,  for  the  purpose  of  securing 
their  opinion  as  to  the  justice  and  adequacy  of  the  present  law  relating  to 
employers'  liability  and  as  to  the  advisability  of  changing  the  law  relating 
thereto. 

2.  A  letter  was  sent  to  about  200  judges  and  prominent  attorneys  through- 
out the  State,  asking  their  opinion  concerning  the  constitutionality  of  a 
proposed  workmen's  compensation  law  which  should  disregard  all  questions 
of  negligence  and  be  compulsory  upon  both  employer  and  employ^. 

Practically  all  of  the  judges  declined  to  express  in  writing  their  views 
upon  the  constitutionality  of  such  a  law^  on  the  ground  that  thev  might 
be  called  upon  to  pass  upon  the  question  in  their  official  capacity  after 
the  passage  of  the  law,  and  they  did  not  think  it  wise  to  pre-Judge  the 
case.  Several  of  the  judges,  however,  verbally  expressed  themselves  to 
the  attorney  for  the  commission  as  favoring  a  change  in  the  present 
common  law  rules  governing  the  relation  of  master  and  servant. 

Several  attorneys  gave  the  commission  the  benefit  of  their  opinion 
upon  the  constitutional  questions  submitted. 

Along  with  these  general  studies  of  the  legal  and  legislative  aspects 
of  the  questions  submitted  to  it,  the  commission  made  extensive  investi- 
gations in  more  than  5,000  cases  of  industrial  accidents — fatal  and  non- 
fatal— in  this  State,  with  a  view  to  ascertaining  what  compensation,  ii 
any,  is  secured  under  the  existing  conditions. 

Full  and  complete  reports  covering  614  fatal  cases  were  secured  by 
investigators  of  the  commission.  The  facts  disclosed  were  extraordinary. 
The  commission  found  that  of  the  entire  614  cases,  only  twenty-four 
had  resulted  in  a  successful  settlement  in  court,  and  204  were  without 
any  settlement,  either  in  or  out  of  court.  The  popular  notion  that  the 
workingman,  or  his  family  in  the  event  of  his  death,  has  a  chance  to 
secure  comfortable  damages,  was  utterly  refuted  by  an  examination  of 
the  facts. 

The  following  table  gives  a  brief  summary  of  the  situation  as  the 
commission  found  it: 

FATAL    ACCIDENTS. 


Occupation. 

Number 
of  cases. 

Cases  now 
in  court. 

Cases  pend- 
ing in  court. 

Settled 
out  of  court. 

No 
recovery. 

Railroad  trades 

202 
77 
33 
8 
38 
16 

120 
33 
28 
19 
16 
18 
9 

10 
3 

34 
13 
8 
3 
7 
8 
9 
6 
7 
7 
2 
4 
3 

135 

50 

14 

2 

14 

25 

Railroad  laborers 

12 

Electric  railway  trades 

11 

Electric  railway  laborers 

3 

Building  trades 

1 

16 

Building  trades,  laborers 

g 

Miners 

10 

26 

23 

6 

75 

Steel  workers 

Miscellaneous  trades 

15 

Teamsters 

12 

Packing  house  employes 

2 
4 
5 

12 

General  laborers . . 

10 

Unclassified 

1 

Total 

614 

24  i                111 

281 

204 

" 

2  L  L 


18  BUREAU    OF    LA  BO  If    STATISTICS. 

The  CoAiMissJux  Fi  kthek  Found. 

That  the  average  compensation  paid  out  of  court  for  the  death  of  a 
skilled  railway  employe  was  $1,457.00.  Cases  settled  in  court  had  an 
average  award  of  $2,078.00.  More  than  12  per  cent  of  the  cases  recovered 
nothing  wliatever. 

That  the  average  settlement  out  of  court  for  the  death  of  a  railway 
laborer  amounted  to  $936.00.  The  few  cases  that  were  settled  in  court 
were"  probablv  not  representative.  At  all  events,  their  average  was  ex- 
tremely low— $245.00. 

That  the  average  death  settlement,  out  of  court,  in  the  skilled  building 
trades  was  $932.00.  The  only  successful  court  settlement  which  the 
commission  found  netted  $200.00.  Almost  50  per  cent  of  the  entire 
number  of  building  trade  cases  investigated  hy  tlie  commission  recovered 
nothing  whatever. 

That  the  average  settlement  out  of  court  for  the  death  of  a  miner  was 
$294.00,  and  ten  successful  court  cases  which  we  found  averaged  $1,- 
021.00.  But  more  than  60  per  cent  of  the  cases  had  no  settlement,  either 
in  or  out  of  court. 

That  in  the  nineteen  teamsters'  cases  which  came  under  the  investiga- 
tion of  the  commission,  not  a  single  one  showed  a  settlement  of  any  sort, 
and  in  only  seven  of  the  nineteen  were  there  suits  ])ending. 

That  the  families  of  steel  workers  recovered  through  out  of  court 
settlements  an  average  compensation  of  $1,254.00.  The  commission 
found  no  successful  court  cases. 

But  this  outline,  convenient  for  certain  purposes,  scarcely  hints  at  the 
situation  which  the  commission  found.  It  gives  no  idea  of  the  suffering 
and  hardship  which  our  investigations  disclosed;  it  tells  nothing  of  the 
long  and  tedious  fights,  of  the  inequitable  verdicts,  the  delays  and  un- 
certainties of  the  law;  it  scarcely  suggests  the  unequal  character  of  the 
struggle  between  the  claim  agents  and  the  families  of  the  deceased 
bread  winner.  But  almost  every  individual  case  reflected  some  aspect 
or  other  of  this  sort,  driving  home  to  the  members  of  the  commission 
the  conviction  that  the  present  system  was  unjust,  haphazard,  inade- 
quate and  wasteful,  the  cause  of  enormous  suffering,  of  much  disrespect 
for  law  and  of  a  badly  distributed  burden  upon  society. 

The  First  Public  Statement. 

Having  completed  its  preliminary  investigation,  the  commission  ar- 
ranged a  tour  of  the  State  and  outlined  the  following  plan  as  a  guide. 
Ten  thousand  copies  were  printed  and  distributed. 

The  public  meetings  were  well  attended,  and  the  suggestions  of  the 
commission  created  wide  discussion.  The  full  text  of  the  pul)lic  letter 
and  proposed  plan  for  a  compensation  law  follows: 

Employers'  Liability  Commission 
OF  THE  State  of  Illinois. 

Chicago,  July  18,  1910. 
To  the  Public: 

The  Employers'  Liability  Commission  of  Illinois  was  authorized  by  the 
forty-sixth  session  of  the  Legislature,  subsequently  appointed  by   the  Gov- 


LABOR    LEGISLATION    FORTYrSEVEXTH    GENERAL    ASSEMBLY.  IP 

ernor,  and  duly  organized  March  24,  1910,  to  "investigate  the  problem  of 
industrial  accidents,"  and  to  report  a  "draft  of  such  bill  or  bills  as  may  be 
deemed  appropriate"  for  accomplishing  "the  most  equitable  and  effectual 
method  of  providing  for  compensation  for  losses  suffered  as  aforesaid." 
In  this  work  the  commission  has  for  its  aim  the  conservation  of  human  life, 
and  the  happiness  and  opportunity  provided  by  a  greater  sense  of  industrial 
security.  The  commission  has  been  and  still  is  actively  engaged  in  securing 
and  considering  the  industrial  statistics  of  this  and  other  states. 

The  plan  of  the  commission  is  tentative  and  susceptible  of  change  both 
in  scope  and  in  form,  and  suggestions  are  invited.  For  the  purpose  of 
submitting  the  ideas  of  the  commission  directly  to  the  industrial  groups 
most  concerned,  to  the  legal  fraternity,  and  to  the  people  of  the  State  with 
the  least  possible  inconvenience  to  all,  public  meetings  will  be  held  (after- 
noon and  evening  sessions)  as  follows:  East  St.  Louis,  August  11th; 
Springfield,  August  12th;  Rock  Island,  August  17th;  Peoria,  August  18th; 
Chicago,  August  24th  and  25th. 

Stenographic  records  of  these  meetings  will  be  kept.  After  consideration 
of  the  comments  and  suggestions  offered,  draft  of  a  bill  or  bills  will  be  sub- 
mitted to  the  Governor  of  the  State. 

Respectfully, 

Edwix  R.  Wright, 
Secretary.  Employers'  Liability  Commission  of  the  State  of  Illinois. 

By  Order  of  the  Commission. 

The  condensed  scheme  first  proposed  by  the  commission  took  the  form 
of  the  following  outline  of  a  compensation  measure,  and  was  designed 
merely  as  a  topical  index  for  discussion,  as  follows : 

The  Plan  of  a  Workman's  Compensation  Bill  Under  Consideration  by  the 
Commission,  the  Main  Pltjposes  of  Which  Shall  Be: 

(1)  To  provide  compensation  for  losses  by  reason  of  industrial  accidents, 
resulting  in  death  or  incapacity  to  employes,  regardless  of  any  question 
of  negligence  or  fault,  except  in  cases  of  serious  or  willful  misconduct  of  the 
employe. 

(2)  To  make  the  law  compulsory  in  form,  but  elective  in  fact,  providing 
in  the  first  instance  that  the  employer  shall  pay  the  compensation,  according 
to  the.  scale  set  forth  in  the  Act,  but  reserving  to  both  employer  and 
employe  their  common  law  remedies,  including  trial  by  jury,  providing, 
however,  as  to  the  employer  that  if  he  refuses  to  pay  the  compensation 
according  to  the  scale  provided,  and  forces  the  employe  to  his  action  at  the 
common  law,  he  shall  not  escape  liability  by  reason  of  either  (1)  the  fellow 
servant  rule,  (2)  the  assumption  of  the  risk,  or  (3)  the  contributory  negli- 
gence of  the  employe,  unless  his  negligence  be  greater  than  that  of  the 
employer,  in  which  event  the  damages  shall  be  apportioned  according  to 
the  relative  degree  of  negligence,  and  the  burden  of  proof  shall  be  upon  the 
employer;  and  providing  as  to  the  employe  that  he  shall  be  presumed  to 
have  accepted  the  compensation  law,  and  any  acceptance  by  him  of  com- 
pensation under  the  proposed  law,  except  necessary  medical  and  surgical 
attention,  shall  bar  the  right  of  action  at  common  law,  and  the  beginning 
of  any  action  at  law  shall  bar  his  right  to  compensation  under  the  proposed 
law,  except  in  the  case  of  willful  negligence  of  the  employer  or  his  failure 
to  comply  with  statutory  or  municipal  safety  regulations;  these  two  limita- 
tions upon  the  rights  of  the  respective  parties  being  imposed  for  the  purpose 
of  inducing  them  both  to  accept  tjie  compensation  law,  and  to  refrain  from 
using  the  present  unsatisfactory  methods  of  settling  claims  for  personal 
injury. 

(3)  To  provide  a  scale  of  compensation  as  follows: 

(a)  Death — Where  there  are  dependents,  three  years'  wages,  but  not  less 
than  $1,500.00  nor  more  than  $3,000.00.  Where  there  are  no  dependents,  a 
sum  not  to  exceed  $200.00. 


30  BUREAU   OF   LulBOR   STATISTICS. 

(&)  Permanent  Disability — A  pension  on  the  basis  of  50  per  cent  of  th«- 
earnings  of  the  employe,  to  be  paid  as  long  as  the  disability  lasts,  or  until 
the  compensation  or  pension  paid,  equals  the  amount  of  four  years'  wages,, 
such  pension  to  commence  after  two  weeks'  disability.  Where  the  disability 
is  permanent,  but  only  partial,  the  percentage  of  compensation  or  pension 
to  be  reduced  in  proportion  to  the  reduction  in  earning  capacity. 

(c)  Temporary  Disability — When  such  disability  is  determined  to  have 
existed  in  a  bona  fide  form  for  two  weeks  or  more,  then  compensation  to 
be  awarded  from  the  day  the  employe  left  work,  on  the  basis  of  50  per  cent 
to  the  earnings,  to  be  paid  as  long  as  the  disability  lasts;  all  cases  of 
disability  to  be  determined  by  physician  of  employer,  or,  by  consultation, 
if  employe  desires,  of  the  employer's  physician  with  one  to  be  engaged 
by  the  employe,  and  if  these  two  cannot  agree  upon  the  nature  and  probable 
duration  of  the  injury,  then  a  third  to  be  called  in;  the  decision  of  the 
physicians  to  be  used  as  a  basis  for  computing  the  compensation  due,  such 
examinations  to  be  made  at  subsequent  times,  for  the  purpose  of  recon- 
sidering the  question,  if  circumstances  seem  to  require  it. 

(d)  Minors  in  case  of  permanent  disability,  to  be  paid  compensation  as 
above,  on  basis  of  50  per  cent  of  the  earnings  of  adults,  in  the  same  line  of 
employment;  in  case  of  temporary  disability,  when  they  have  dependents,  to 
be  paid  compensation  as  long  as  it  lasts  as  above,  on  basis  of  50  per  cent 
of  the  earnings  of  adults  in  the  same  line  of  employment,  provided  that  the 
compensation  paid  shall  not  exceed  the  full  weekly  pay;  when  they  have 
no  dependents,  on  basis  of  50  per  cent  of  their  own  earnings. 

(4)  Disputes  arising  under  the  compensation  law  to  be  settled  by  agree- 
ment of'  the  parties,  or  arbitration,  and  confirmed  by  a  court  of  proper 
jurisdiction. 

(5)  Claims  of  employes,  under  the  law  shall  be  preferred,  same  as 
wage  claims  are  now  preferred  under  the  law,  and  shall  take  precedence  of 
other  wage  claims  of  other  employes  not  injured. 

(6)  Reasonable  notice  of  claims  shall  be  given  to  employer,  but  failure 
to  comply  strictly  with  statute,  in  regard  to  details,  not  to  be  fatal  to  the 
right  to  compensation  unless  the  employer  can  show  that  he  has  been  unduly 
prejudiced  by  such  failure. 

(7)  Report  to  be  made  by  employer,  of  all  cases  of  injury  for  which 
compensation  has  been  or  is  being  paid,  to  the  State  Bureau  of  Labor 
Statistics. 

(8)  The  compensation  to  be  paid  in  installments,  conforming  to  the 
manner  of  payment  of  wages  while  the  employe  was  at  work,  except  the 
employe  or  person  entitled  to  benefits  may  petition  county  or  probate  court 
for  leave  to  have  it  paid  in  a  lump  sum,  and  if  proper  showing  is  made, 
court  may  order  amount  of  compensation  due,  paid  in  lump  sum. 

(9)  The  proposed  law  to  apply  to  all  employes  of  labor,  who  have  more 
than  five  persons  employed  at  one  time. 

The  public  meetings  were  largely  attended,  and  the  outline  of  the 
commission  generally  well  received.  Many  expressions  were  heard  as  to 
the  acceptability  of  a  measure  based  on  the  general  theory  of  workmen's 
compensation. 

A  spirit  of  criticism  and  hostility  developed  in  a  pronounced  form 
during  the  public  meetings  held  in  Chicago,  August  24th  and  25th. 
Four  meetings  were  held  and  a  general  invitation  issued  to  take  part  in 
the  debate.  Additional  meetings  were  arranged  for  the  convenience  of 
special  organizations  of  employers  and  employes. 

With  the  resumption  of  executive  sessions,  the  committee  took  up  the 
first  draft  of  a  compensation  measure.  The  bill  outlined  the  work  of 
other  commissions  and  embraced  views  expressed  by  prominent  soci- 
ologists, business  men,  labor  officials^  and  the  public. 


L^VBOR   LEGISLATION   FORTY-SEVENTH   GENERAL   ASSEMBLY.  21 

Changes  were  offered  from  time  to  time  and  with  a  redraft  of  the  bill, 
the  commission  remained  in  session  almost  continuously  in  an.  effort 
to  adjust  the  terms  of  the  measure  to  the  wishes  of  the  interests  repre- 
sented on  the  commission. 

The  final  revision  of  the  bill  is  given  herewith  in  full,  together  with 
the  vote  of  the  twelve  commissioners.  As  it  appeared  impossible  to 
secure  for  the  bill  a  majority  vote  on  each  side,  no  further  effort  was 
made  to  develop  and  finish  the  details  of  the  measure.  The  draft  is 
merely  submitted  as  an  evidence  of  how  far  the  commission  was  able 
to  get  before  final  disagreement,  and  is  included  in  this  report  with  the 
hope  that  it  will  be  of  service  to  those  who  may  be  called  upon  to  solve 
this  problem  in  the  future. 

An  Act  to  promote  the  general  welfare  of  the  People  of  this  State,  hy  pro- 
viding compensation  for  accidental  injuries  or  death  caused  in  the  course 
of  employment. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly:  That  any  employer  in  this  State  may  elect  to 
provide  and  pay  compensation  for  injuries  sustained  by  any  employe  aris- 
ing out  of  and  in  the  course  of  the  employment  according  to  the  provisions  of 
this  Act,  and  thereby  relieve  himself  from  liability  for  the  recovery  of  dam- 
ages except  as  herein  provided.  If,  however,  any  such  employer  shall  elect 
not  to  provide  and  pay  the  compensation  according  to  the  provisions  of  this 
Act  he  shall  not  escape  liability  for  injuries  sustained  by  his  employes  aris- 
ing out  of  and  in  the  course  of  their  employment  by  alleging  or  proving  in 
any  action  brought  against  such  employer: 

1.  That  the  employe  either  expressly  or  implicitly  assumed  the  risk  of 
the  hazard  complained  of,  or, 

2.  That  the  injury  or  death  was  caused  in  whole  or  in  part  by  the  negli- 
gence of  a  fellov>'  servant. 

Every  such  employer  is  presumed  to  have  elected  to  provide  and  pay  the 
compensation  according  to  the  provisions  of  this  Act  unless  and  until  notice 
in  writing  of  an  election  to  the  contrary  is  filed  with  the  State  Bureau  of 
Labor  Statistics.  Such  employer,  however,  shall  not  be  entitled  to  any  of  the 
privileges  or  advantages  specified  herein  until  a  notice  in  writing  of  an  elec- 
tion to  provide  such  compensation  has  been  filed  with  the  State  Bureau  of 
Labor  Statistics  on  blanks  furnished  by  it  for  such  purpose. 

Sec  2.  The  filing  of  notice  of  an  election  to  provide  such  compensation 
as  aforesaid  shall  constitute  an  acceptance  of  all  the  provisions  of  this  Act, 
and  such  employer  shall  be  bound  thereby  as  to  all  his  employes  for  a  term 
of  one  year  and  for  terms  of  each  year  thereafter  unless  a  notice  to  the  con- 
trary shall  have  been  given  to  the  Bureau  of  Labor  Statistics  and  to  all  em- 
ployes in  said  employment  by  posting  in  the  plant,  shop,  office  or  place  of 
work  at  least  sixty  days  prior  to  the  expiration  of  any  such  annual  term: 
Provided,  that  when  an  injury  to  an  employe  is  due  to  the  serious  and  willful 
misconduct  of  that  employe,  any  compensation  claimed  in  respect  of  that 
injury  shall  be  disallowed. 

Sec.  3.  In  the  event  that  any  employer  elects  to  provide  and  pay  the 
compensation  provided  in  this  Act  and  files  notice  of  such  election  with  the 
Bureau  of  Labor  Statistics,  and  thereby  becomes  bound  to  provide  and  pay 
such  compensation  according  to  the  provisions  of  this  Act,  then  every 
employe  of  such  employer,  as  a  part  of  his  contract  of  hiring,  shall  be 
deemed  to  have  accepted  all  the  provisions  of  this  Act  and  shall  be  bound 
tnereby  unless  after  thirty  days  and  prior  to  forty-five  days  after  such  hiring 
he  shall  notify  his  employer  in  writing  to  the  contrary:  Provided,  however. 
that  before  any  such  employe  shall  be  so  bound  by  the  .provisions  of  this 
Act  his  employer  shall  either  furnish  to  such  employe,  personally,  at  the 
time  of  his  hiring  or  post  in  a  conspicuous  place  in  the  room  or  place  where 
such   employe   is   to   be   employed,    a   statement   in   a   language    which    such 


22  BUREAU    OF    LABOR   STATISTICS. 

employe  is  able  to  understand  of  the  compensation  provisions  of  this  Act,  if 
such  employer  has  accepted  the  provisions  of  this  Act  as  herein  provided, 
which  notice  shall  also  include  a  notice  to  the  employe  that  the  employer  has 
accepted  the  provisions  hereof.  Every  employe  whose  contract  of  hiring  is 
in  force  at  the  time  his  employer  elects  to  pay  the  compensation,  and  who 
continues  to  work  for  such  employer,  shall  be  deemed  thereby  to  have  ac- 
cepted the  provisions  of  this  Act,  and  shall  be  bound  thereby  unless  he 
files  a  notice  in  writing  to  the  contrary  with  his  employer  after  thirty  days 
and  prior  to  forty-five  days  thereafter:  Providing,  such  employer  furnishes 
or  posts  the  statement  of  the  compensation  provisions  of  this  Act  and  his 
notice  of  acceptance  thereof  as   herein   provided. 

Sec.  4.  No  common  law  or  statutory  right  to  recover  damages  for  injuries 
or  death  sustained  by  any  employe  while  engaged  in  the  line  of  his  duty  aa 
such  employe,  other  than  the  compensation  herein  provided,  shall  be  avail- 
able to  any  employe  who  has  accepted,  according  to  section  3,  the  provisions 
of  this  Act,  or  to  any  one  wholly  or  partially  dependent  upon  him  or  legally 
responsible  for  his  estate:  Provided,  that  when  the  injury  to  the  employe 
was  caused  by  the  willful  failure  of  the-  employer  to  comply  with  statutory 
safety  regulations,  nothing  in  this  Act  shall  affect  the  present  civil  liability 
of  the  employer. 

Sec.  5.  The  amount  of  compensation  which  the  employer  shall  pay  if  he 
el'ects  the  provisions  of  this  Act,  as  provided  in  sections  one  (1)  and  two  (2) 
for  injury  to  the  employe  which  results  in  death,  shall  be: 

a.  If  the  employe  leaves  any  widow,  child  or  children,  or  parents,  or 
other  lineal  heirs  to  whose  support  he  had  contributed  within  five  years  pre- 
vious to  the  time  of  his  death,  a  sum  equal  to  three  times  the  average  annual 
earnings  of  the  employe,  but  not  less  in  any  event,  than  one  thousand  five 
hundred  dollars,  and  not  more  in  any  event  than  three  thousand  dollars. 
Any  weekly  payments  other  than  necessary,  medical  or  surgical  fees  shall 
be  deducted  in  ascertaining  such  amount  payable  on  death. 

b.  If  the  employe  leaves  collateral  heirs  dependent  upon  his  earnings, 
such  a  percentage  of  the  sum  provided  in  section  A  as  the  contributions 
which  deceased  made  to  the  support  of  these  dependents  bore  to  his  earnings', 
at  the  time  of  his  death. 

c.  If  the  employe  leaves  no  widow,  child  or  children,  parents  or  lineal 
or  collateral  heirs  dependent  upon  his  earnings,  a  sum  not  to  exceed  one 
hundred  fifty  dollars   ($150.00)   to  be  paid  to  his  personal  representative. 

All  compensation  provided  for  in  this  section  to  be  paid  in  case  the  injury 
results  in  death  shall  be  paid  for  the  first  six  months  in  installments  at  the 
same  intervals  and  in  the  same  amounts  that  the  wages  or  earnings  of  em- 
ploye were  paid  while  he  was  living,  and  after  the  expiration  of  such  period 
of  six  months  the  balance  of  the  compensation  then  due  shall  be  paid  either 
in  installments  as  aforesaid  or  in  a  lump  sum,  at  the  option  of  the  person 
entitled  to  such  compensation:  Provided,  that  if  such  compensation  is  paid 
in  installments  as  herein  provided  and  it  shall  not  be  feasible  to  pay  the 
same  at  the  same  intervals  as  wages  or  earnings  were  paid,  then  the  in- 
stallments shall  be  paid  v/eekly. 

Sec.  6.  The  amount  of  compensation  which  the  employer  shall  provide 
and  pay  for  injury  to  the  employe  resulting  in  disability  shall  be: 

a.  Necessary  medical  and  •  surgical  treatment  in  all  cases  at  the  time  of 
the  accident  and  as  long  thereafter  as  necessary,  but  not  to  exceed  ninety 
(90)  days,  including  medicine  and  other  means  of  treatment  and  all  reason- 
able facilities,  such  as  the  first  set  of  apparatus,  artificial  limbs,  crutches 
and  trusses  to  aid  in  the  success  of  the  treatment  and  to  diminish  the  effects 
of  the  injury. 

b.  If  the  period  of  disability  lasts  for  more  than  one  week,  and  such  fact 
is  determined  by  the  physician  or  physicians,  as  provided  in  section  8,  com- 
pensation beginning  on  the  day  the  injured  employe  leaves  work  as  a  result 
of  the  accident,  and  as  long  as  the  disability  lasts,  or  until  the  amount  of 
compensation  paid  equals  the  amount  payable  as  a  death  benefit. 


LAHOIJ    LKCilSLATlON     FOWT  Y-^KVEXT  H    CJEXKKAL    ASSEMBLY.  ^S 

f.  If  the  period  of  disability  does  not  last  more  than  one  week  trom  the 
day  the  injured  employe  leaves  work  as  the  result  of  the  injury,  no  com- 
pensation shall  be  paid. 

d.  In  case  after  the  injury  has  been  received  it  shall  appear  upon  medical 
examinations  as  provided  for  by  section  8,  that  the  employe  has  been  par- 
tially, though  permanently  incapacitated  from  pursuing  his  usual  and  cus- 
tomary line  of  employment,  he  shall  receive  compensation  equal  to  one-half 
the  difference  between  the  average  weekly  wages  which  he  earned  before 
the  accident,  and  the  average  weekly  amount  which  he  is  earning,  or  is  able 
to  earn  in  some  suitable  employment  or  business  after  the  accident,  if  such 
employment  is  secured:  Provided,  that  v>'here  the  injury  shall  be  of  a  char- 
acter set  forth  in  the  following  scale,  the  employe  shall  receive  the  compen- 
sation named: 

(1)  If  the  injury  causes  the  immediate  severing  of,  or  necessitates  the 
amputation  of  a  hand  or  foot,  at  or  above  the  wrist  or  ankle;  one  and  one- 
half  years'  average  wages,  but  in  no  event  less  than  $750.00  nor  more  than 
$1,500.00. 

(2)  If  the  injury  results  in  the  total  irrecoverable  loss  of  the  sight  of 
one  eye;  three-fourths  of  one  year's  wages,  but  not  less  than  $375.00,  nor 
more  than  $750.00. 

e.  In  the  case  of  complete  disability  which  renders  the  employe  wholly 
and  permanently  incapable  of  work,  compensation  for  the  first  eight  years 
after  the  day  the  injury  was  received,  equal  to  50  per  cent  of  his  average 
weekly  earnings,  but  not  less  than  $5.00  nor  more  than  $10.00  per  week.  If 
complete  disability  continues  after  the  expiration  of  the  eight  years,  then 
a  compensation  during  life,  equal  to  8  per  cent  of  the  death  benefit  which 
v^'ould  have  been  payable  had  the  accident  resulted  in  death.  Such  compen- 
sation shall  not  be  less  than  $10.00  per  month  and  shall  be  payable  monthly. 
In  case  death  occurs  before  the  total  of  the  weekly  payments  equals  the 
amount  payable  as  a  death  benefit,  as  provided  in  section  5,  article  A,  then 
in  case  the  employe  leaves  any  widow,  child  or  children,  or  parents,  or  other 
lineal  heirs,  they  shall  be  paid  the  difference  between  the  compensation  for 
death  and  the  sum  of  the  weekly  payments,  but  in  no  case  shall  this  sum  be 

less  than  $ :     Provided,  that  after  compensation  has  been  paid  at  the 

specified  rates  for  a  term  of  at  least  six  months  the  employe  shall  have 
the  option  to  demand  a  lump  sum  payment  for  the  difference  between  the 
sum  of  the  weekly  payments  received  and  the  four  years'  compensation  to 
which  he  was  entitled  when  such  permanent  disability  has  been  definitely 
determined.  For  the  purpose  of  this  section,,  the  total  and  irrecoverable 
loss  of  the  sight  of  both  eyes,  the  loss  of  both  feet  at  or  above  the  ankle,  the 
loss  of  both  hands  at  or  above  the  wrist,  the  loss  of  one  hand  and  one  foot, 
an  injury  to  the  spine  resulting  in  permanent  paralysis  of  the  legs  or  arms, 
and  the  fracture  of  the  skull  resulting  in  incurable  imbecility  or  insanity, 
shall  be  considered  complete  disability.  These  specific  cases  of  complete 
disability  shall  not,  hov>ever.  be  construed  as  excluding  other  cases. 

In  fixing  the  amount  of  the  disability  payments,  regard  shall  be  had  to 
any  payment,  allowance  or  benefit  which  the  workman  may  have  received 
from  the  employer  during  the  period  of  his  incapacity,  except  the  expense  of 
necessary  medical  or  surgical  treatment.  In  no  event,  except  in  case  of  com- 
plete disability  as  defined  above,  shall  any  weekly  payment  payable  under  the 
compensation  plan  herein  provided  exceed  ten  dollars  per  week,  or  extend 
over  a  period  of  more  than  six  years  from  the  date  of  the  accident.  In  case 
an  injured  employe  shall  be  mentally  incompetent  at  the  time  when  any 
right  or  privilege  accrues  to  him  under  such  plan,  a  conservator,  or  guardian 
of  the  incompetent,  appointed  pursuant  to  law,  may,  on  behalf  of  such  incom- 
petent, claim  and  exercise  any  such  right  or  privilege  with  the  same  force 
and  effect  as  if  the  employe  himself  had  been  competent  and  had  claimed  or 
exercised  any  such  right  or  privilege:  and  no  limitations  of  time  herein  pro- 
vided for  shall  run  so  long  as  said  incompetent  employe  has  no  conservator 
or  guardian. 

Sec.  7.  The  basis  for  computing  the  compensation  provided  for  in  sec- 
tions 5  and  6  shall  be  as  follows: 


24  BUllEAU   OF   L-IBOK   STATISTICS. 

(1)  The  compensation  shall  be  computed  on  the  basis  of  the  annual  earn- 
ings which  the  injured  persons  received  as  salary,  wages  or  earnings  in  that 
employment  during  the  year  next  preceding  the  injury. 

(2)  The  annual  earnings,  if  not  other vv^ise  determined,  shall  be  regarded 
as  three  hundred  times  the  average  daily  earnings  in  such  computation;  as  to 
workmen  in  employment  in  which  it  is  the  custom  to  operate  for  a  part  of 
the  whole  number  of  working  days,  such  number  shall  be  used  instead  of 
■300  as  a  basis  for  computing  the  annual  earnings. 

(3)  If  the  injured  person  has  not  been  engaged  in  the  employment  for  a 
iull  year  immediately  preceding  the  accident,  the  compensation  shall  be  com- 
puted according  to  the  annual  earnings  which  persons  of  the  same  class  in 
the  same  or  in  neighboring  employments  of  the  same  kind  have  earned  dur- 
ing such  period.  And  if  this  basis  of  computation  is  impossible,  or  should 
appear  to  be  unreasonable,  three  hundred  times  the  amount  which  the 
injured  person  earns  on  an  average  on  those  days  when  he  was  working 
during  the  year  next  preceding  the  accident  shall  be  used  as  a  basis  for 
the  computation. 

(4)  in  the  case  of  injured  persons  v/ho  earn  either  no  wage  or  less  than 
three  hundred  times  the  usual  daily  wage  or  earnings  of  the  adult  day  labor- 
ers of  that  locality,  the  yearly  wage  shall  be  reckoned  as  three  hundred  times 
this  average  daily  local  wage. 

(5)  In  computing  the  compensation  to  be  paid  to  employes  who,  before 
the  accident  were  already  disabled,  and  drawing  compensation  under  the 
terms  of  this  Act,  the  additional  compensation  shall  be  apportioned  according 
to  the  proportion  of  incapacity  and  the  disability  which  existed  before  such 
accident  or  injury,  and  in  apportioning  such  compensation  the  earnings  prior 
to  the  first  injury  shall  be  considered  in  relation  to  the  earnings  prior  and  at 
the  time  of  the  injury  for  which  compensation  is  being  computed. 

Sec.  8.  Any  employe  entitled  to  receive  weekly  payments  shall  be  re- 
quired, if  requested  by  the  employer,  to  submit  himself  for  examination  by  a 
duly  qualified  medical  practitioner  or  surgeon  provided  and  paid  for  by  the 
employer,  at  a  time  and  place  reasonably  convenient  for  the  employe,  as 
soon  as  practicable  after  the  injury  and  also  one  week  after  the  injury  and 
thereafter  at  intervals  not  oftener  than  once  in  six  weeks,  which  examina- 
tion shall  be  for  the  purpose  of  determining  the  nature,  extent  and  duration 
of  the  injury  received  by  the  employe,  and  for  the  purpose  of  adjusting  the 
compensation  v\^hich  may  be  due  the  employe  from  time  to  time  for  disability 
according  to  the  provisions  of  sections  5  and  6  of  this  Act:  Provided,  how- 
ever, that  such  examination  shall  be  made  in  the  presence  of  a  daily  quali- 
fied medical  practitioner  or  surgeon  provided  and  paid  for  by  the  employe, 
if  such  employe  so  desires,  and  in  the  event  of  disagreement  between  said 
medical  practitioners  or  surgeons  as  to  the  nature,  extent  or  duration  of 
said  injury  or  disability,  the  judge  of  the  probate  court  in  Cook  county  and 
the  county  court  in  counties  outside  of  Cook  county,  in  the  county  where 
the  employe  resided  or  was  employed  at  the  time  of  the  injury,  shall  within 
six  days  after  petition  filed  with  such  court  for  that  purpose,  select  a  third 
medical  practitioner  or  surgeon  and  the  majority  report  of  such  three  physi- 
cians as  to  the  nature,  extent  and  probable  duration  of  such  injury  or 
disability  shall  be  used  for  the  purpose  of  estimating  the  amount  of  com- 
pensation payable  to  such  beneficiary  under  this  Act.  If  the  employe  re- 
fuses so  to  submit  himself  to  examination  or  unnecessarily  obstructs  the 
same,  his  right  to  compensation  payments  shall  be  temporarily  suspended 
until  such  examination  shall  have  taken  place,  and  no  compensation  shall 
be  payable  under  this  Act  during  such  period. 

Sec.  9.  Any  question  of  law  or  fact  arising  in  regard  to  the  application 
of  this  law  in  determining  the  compensation  payable  hereunder  shall  be 
determined  either  by  agreement  of  the  parties  or  by  arbitration  as  herein 
provided.  In  case  any  such  question  arises  which  cannot  be  settled  by 
agreement,  the  employe  and  employer  shall  each  select  a  disinterested  party 
and  the  judge  of  the  probate  court  in  Cook  county  and  of  the  county  court 
in  counties  outside  of  Cook  county  shall  appoint  a  third  disinterested  party, 
.such  persons  to  constitute  a  board  of  arbitrators  for  the  purpose  of  hearing 


LABOR   LEGISLATION   FORTY-SEVEXTH   GENERAL   ASSEMBLY.  25 

and  determining  all  such  disputed  questions  of  law  or  fact  arising  in  regard 
to  the  application  of  this  law  in  determining  the  compensation  payable 
hereunder,  and  it  shall  be  the  duty  of  both  employer  and  employe  to  submit 
to  such  board  of  arbitrators  not  later  than  ten  days  after  the  selection  and 
appointment  of  such  arbitrators  all  facts  or  evidence  which  may  be  in  their 
possession  or  under  their  control  relating  to  the  questions  to  be  determined 
by  said  arbitrators;  and  said  board  of  arbitrators  shall  hear  all  the  evidence 
submitted  by  both  parties  and  they  shall  have  access  to  any  books,  papers  or 
records  of  either  the  employer  or  employe  showing  any  facts  which  may  be 
material  to  the  questions  before  them,  and  they  shall  be  empowered  to  visit 
the  place  or  plant  where  the  accident  occurred,  to  direct  the  injured  employ^ 
to  be  examined  by  a  regular  practicing  physician  or  surgeon,  and  to  do  all 
other  acts  reasonably  necessary  for  a  proper  investigation  of  all  matters  In 
dispute.  A  copy  of  the  report  of  the  arbitrators  in  each  case  shall  be  pre- 
pared and  filed  by  them  with  the  State  Bureau  of  Labor  Statistics,  and  shall 
be  binding  upon  both  the  employer  and  employe  except  for  fraud  and  mistake. 

Sec.  10.  The  term  "employer,"  as  used  in  this  Act,  shall  be  held  to  include 
any  person,  firm  or  private  corporation  transacting  business  in  this  State 
that  has  an  employe  in  his  or  its  service  and  that  has  elected  according 
to  sections  1  and  2  of  this  Act  to  pay  the  compensation  provided  for  by 
this  Act;  and  any  principal  contractor  shall  be  held  to  be  an  employer  and 
shall  be  liable  to  pay  compensation  for  injuries  to  the  employes  of  any 
sub-contractor,  whether  first,  second,  or  other  sub-contractor  or  engaged  in, 
on  or  about  the  premises  on  which  said  principal  contractor  has  engaged  to 
perform  any  work  in  the  same  manner  and  to  the  same  extent  as  those  said 
employes  had  been  immediately  been  employed  by  him.  Any  principal  con- 
tractor liable  to  pay  compensation  under  this  section,  may  be  indemnified 
by  any  sub-contractor  who  would  have  been  liable  to  pay  compensation  to 
such  employes  independent  of  the  provisions  of  this  section. 

Sec.  11.  The  term  "employe,"  as  used  in  this  Act,  shall  be  held  to  include 
any  person  who  has  engaged  to  work  or  render  any  service  for  an  employer 
under  a  contract  of  service  or  apprenticeship,  whether  by  way  of  manual 
labor,  clerical  work  or  otherwise,  and  whether  the  contract  is  expressed 
or  implied,  oral  or  in  writing,  except  that  minors  not  legally  permitted  to 
work  under  the  laws  of  this  State,  shall  not  be  considered  within  the  provi- 
sions of  this  Act  and  minors  not  so  excepted  are,  for  the  purposes  of  this 
Act,  to  be  considered  the  same  and  to  have  the  like  power  of  contracting 
as  though  they  were  of  full  age. 

Sec.  12.  Persons  whose  employment  is  of  a  casual  nature  and  who  are 
employed  otherwise  than  for  the  purpose  of  the  employer's  trade  or  business 
are  not  included  in  the  foregoing  definition. 

Sec.  13.  Any  persons  entitled  to  payments  under  the  compensation  provi- 
sions of  this  Act  against  any  employer  shall  have  the  same  preferential  claim 
therefor  against  the  property  of  the  employer  as  is  now  allowed  by  law  for  a 
claim  by  such  person  against  such  employer  for  unpaid  wages  or  personal 
services,  such  preference  to  prevail  against  wage  claims  of  all  other  employes 
not  entitled  to  compensation  for  injuries,  and  the  payments  due  under  such 
compensation  provisions  shall  not  be  subject  to  attachment,  or  to  levy,  or 
execution  and  satisfaction  of  debts  except  to  the  same  extent  and  in  the  same 
manner  as  wages  or  earnings  for  personal  services  are  now  subject  to  levy 
and  execution  under  the  laws  of  this  State,  and  shall  not  be  assignable.  Any 
right  to  receive  compensation  hereunder  shall  be  extinguished  by  the  death 
of  the  person  entitled  thereto,  subject  to  the  provisions  of  this  Act  relative  to 
compensation  for  death  received  in  the  course  of  employment.  No  claim  of 
any  attorney  at  law  for  any  contingent  interest  in  any  recovery  for  services 
in  securing  any  recovery  under  this  Act  shall  be  an  enforceable  lien  thereon 
unless  the  amount  of  the  same  be  approved  in  writing  by  a  judge  of  a  court 
of  record,  or  in  case  the  same  is  tried  in  any  court,  before  the  judge  presiding 
at  such  trial. 

Sec.  14.  Any  contract  or  agreement  made  by  any  employe  or  any  other 
beneficiary  of  any  claim  under  the  provisions  of  this  Act,  within  seven  days 


26  BUREAU    OF    LABOR    STATISTICS. 

after  the  injury,  with  any  employer  or  his  agent  or  with  any  attorney  at  law 
with  reference  to  the  prosecution  or  settlement  of  such  claim  shall  be  pre- 
sumed to  be  fraudulent. 

Sec.  15.  No  such  employe  or  beneficiary  shall  have  power  to  waive  any 
of  the  provisions  of  this  Act  in  regard  to  the  amount  of  compensation  which 
may  be  payable  to  such  employe  or  beneficiary  hereunder. 

Sec.  16.  No  proceedings  for  compensation  under  this  Act  shall  be  main- 
tained unless  notice  of  the  accident  has  been  given  to  the  employer  as  soon 
as  practicable  after  the  happening  thereof,  and  during  such  disability,  and 
unless  claim  for  compensation  has  been  made  within  six  months  from  the 
occurrence  of  the  accident;  or  in  case  of  the  death  of  the  employe  or  in  the 
event  of  his  physical  or  mental  incapacity  within  six  months  after  such 
death  or  removal  of  such  physical  or  mental  incapacity,  or  in  the  event  that 
payments  have  been  made  under  the  provisions  of  this  Act  within  six  months 
after  such  payments  have  ceased.  No  want  or  defect  or  inaccuracy  of  such 
notice  shall  be  a  bar  to  the  maintenance  of  proceedings  by  the  employe 
unless  the  employer  proves  that  he  is  unduly  prejudiced  in  such  proceedings 
by  such  want,  defect  or  inaccuracy.  Notice  of  the  accident  shall,  in  sub- 
stance, apprise  the  employer  of  the  claim  for  compensation  made  by  the 
employe  and  shall  state  the  name  and  address  of  the  employe  injured,  the 
approximate  date  and  place  of  the  accident,  and  in  simple  language  the  cause 
thereof,  if  known;  which  notice  may  be  served  personally  or  by  registered 
letter  addressed  to  the  employer  at  his  last  known  residence  or  place  of 
business:  Provided,  that  the  failure  on  the  part  of  any  person  entitled  to 
such  compensation  to  give  such  notice  shall  not  relieve  the  employer  from 
his  liability  for  such  compensation  when  the  facts  and  circumstances  of  such 
accident  are  known  to  such  employer  or  his  agent. 

Sec.  17.  The  compensation  herein  provided  shall  be  the  measure  of  the 
responsibility  which  the  employer  has  assumed  for  injuries  or  death  that 
may  occur  to  employes  in  his  employment,  and  it  shall  not  be  in  any  way 
reduced  by  contribution  from  employes. 

Sec.  18.  The  provisions  of  this  Act  shall  not  be  construed  so  as  to  disturb 
the  organization  of  any  existing  mutual  aid  or  benefit  association  or  society 
to  which  the  employer  contributes  an  amount  sufficient  to  insure  to  the 
employe  or  other  beneficiary  the  compensation  herein  provided,  or  to  prevent 
the  organization  of  any  mutual  benefit  association  or  insurance  company 
for  the  purpose  of  insuring  the  compensation  herein  provided  and  of  paying 
additional  accident  or  sick  benefits  for  which  the  employe  may  contribute, 
providing  such  mutual  aid  or  benefit  associations  or  insurance  companies 
comply  with  the  laws  of  this  State. 

Sec  19.  Any  person  who  shall  become  entitled  to  compensation  under  the 
provisions  of  this  Act  shall,  in  the  event  of  his  inability  to  recover  such 
compensation  from  the  employer  on  account  of  his  insolvency  or  other  cause, 
be  subrogated  to  all  the  rights  of  such  employer  against  any  insurance  com- 
pany or  association  which  may  have  insured  such  employer  against  loss 
growing  out  of  the  compensation  required  by  the  provisions  of  this  Act  to 
be  paid  by  such  employer,  and  in  such  case  only  a  payment  of  the  compensa- 
tion that  has  accrued  to  the  person  entitled  thereto  in  accordance  with 
the  provisions  of  this  Act  shall  relieve  such  insurance  company  from  such 
liability. 

Sec.  20.  It  shall  be  the  duty  of  every  employer  within  the  provisions  of 
this  Act  to  send  to  the  Secretary  of  the  State  Bureau  of  Labor  Statistics 
in  writing  an  immediate  report  of  all  a-ccidents  or  injuries  arising  out  of  or 
in  the  course  of  the  employment  and  resulting  in  death;  it  shall  also  be 
the  duty  of  every  such  employer  to  report  between  the  15th  and  25th  of  each 
month  to  the  Secretary  of  the  State  Bureau  of  Labor  Statistics  all  accidents 
or  injuries  for  which  compensation  has  been  paid  in  accordance  with  the 
scale  of  compensation  provided  for  in  this  Act,  which  accidents  or  injuries 
entail  a  loss  to  the  employe  of  more  than  one  week's  time,  and  in  case  the 
injury  results  in  permanent  disability,  such  report  shall  be  made  as  soon  as 
it  is  determined  that  such  permanent  disability  has  resulted  or  will  result 


LAliOR    LKGISLATIOX    FORTY-SEVEXTH    GENERAL    ASSEMBLY.  21 

from  such  injury;  all  such  reports  shall  state  the  date  of  the  injury,  includ- 
ing the  time  of  day  or  night,  the  nature  of  the  employer's  business,  the  age, 
sex  and  conjugal  condition  of  the  injured  person,  the  specific  occupation  of 
the  injured  person,  the  direct  cause  of  injury,  and  the  nature  of  the  accident, 
the  nature  of  the  injury,  .the  length  of  disability  and,  in  case  of  death,  the 
length  of  disability  before  death,  the  wages  of  the  injured  person,  whether 
compensation  has  been  paid  to  the  injured  person  or  to  his  legal  repre- 
sentative or  his  heirs  or  next  of  kin,  the  amount  of  compensation  paid,  the 
amount  paid  for  physician's,  surgeon's  and  hospital  bill  and  by  whom  paid, 
and  the  amount  paid  for  funeral  or  burial  expense,  if  known. 

Sec,  21.  The  invalidity  of  any  portion  of  this  Act  shall  in  no  way  affect 
the  validity  of  any  other  portion  thereof  which  can  be  given  effect  without- 
such  invalid  part. 

Sec.  22.  This  Act  shall  take  effect  and  be  in  force  from  and  after  the 
day  of ,  1911. 

The  Commission  Fails  to  Agree. 

On  final  vote^  the  bill  failed  to  receive  the  vote  of  a  majorit}'  on  each 
side.  The  labor  members  submitted  written  statements  of  th^r  objec- 
tions to  the  bill,  which  are  attached  hereto. 

The  employers  objected  to  the  last  provision  of  section  4  on  the 
ground  that  it  won  Id  open  up  the  way  to  endless  litigation  in  the  case 
of  coal  mines  which  operate  under  a  special  statute  whose  provisions  are 
so  general  as  to  be  open  always  to  several  constructions.  Objection  on 
the  part  of  the  employers  was  also  registered  against  the  amount  of 
compensation  and  the  pension  plan  in  cases  of  permanent  and  total 
disability.  Statement  was  also  submitted  that  the  surface  and  elevated 
railroads  operating  under  a  flat  rate  of  5  cent  are  situated  differently 
from  other  industries,  in  that,  in  no  way,  can  the  burden  of  the  com- 
pensation be  put  upon  the  consumer,  but  can  be  drawn  from  the  5  cenl 
rate,  only  by  the  application  of  an  economy  in  some  other  direction,  a 
thing  that  is  becoming  annually  more  and  more  difficult. 

The  employers  presented  a  letter  addressed  to  the  Governor  of  the 
State  in  answer  to  the  letter  of  the  Chicago  Federation  of  Labor,  pre- 
H'uted  by  Messrs.  Boyle  and  Flora.     Both  these  letters  are  appended. 

Statements  of  Members. 

BOYLE    ANl)    FLORA. 

We  decline  to  sign  any  compensation  act,  because,  in  our  opinion,  any 
act  of  that  kind  should  be '  preceded  by  a  modification  of  the  employers' 
defenses.  Our  position  in  this  matter  is  fully  set  forth  in  the  letter  of  the 
Chicago  Federation  of  Labor,  hereto  attached. 

M.   J.   Boyle, 
Jxo.    C.    Flora. 

wriciht,  gorman,  carr  and  golden. 

September  14,  1910. 
Employers'  Liability   Commission: 

Gentlemen — The  undersigned  members  of  the  commission,  representing 
Organized  Labor,  wish  to  file  our  exceptions  to  the  pending  compensation 
measure,  as  follows: 

We  honestly  and  conscientiously  believe  in  the  theory  of  an  adequate 
compensation  bill,  whereby  the  industry  will  bear  the  burden  of  accidents 
incident  thereto. 


28  BUREAU    OF    LABOR   STATISTICS. 

We  believe  that  such  an  enactment  should  be  made  compulsory  on  both 
employer  and  employe,  that  the  defenses  of  the  employer  consisting  of  the 
fellow  servant  rule  and  assumption  of  risk  should  be  abrogated,  and  that 
the  elective  feature  contained  in  the  present  draft  would  prove  unsatisfactory 
to  the  workers  of  the  State. 

The  terms  of  the  present  draft  are  not  adequate  to  provide  proper  com- 
pensation. We  believe  the  amounts  specified  (three  years'  wages  for  death 
and  four  years'  wages  for  complete  disability)  should  be  increased  to  an 
amount  commensurate  with  the  necessities  of  the  injured  workman  and  his 
family. 

The  provision  specifying  compensation  as  based  on  "annual  earnings" 
should  read  daily  earnings,  and  the  bill  should  remove  the  question  as  to 
what  constitutes  a  day's  work. 

We  advocate  the  removal  of  any  phrase  wherein  any  differences  of  con- 
struction may  be  had  and  make  the  terms  as  automatic  as  consistent  with 
the  intent  of  such  a  law. 

Edwix  R.  Wright, 
Daniel  J.  Gormax, 
Patrick  Carr, 
George  Golden. 

Letter  of  Chicago   Federation   of   Labor,    Submitted   by    Messrs.    Boyle 

and  Flora. 

To  the  Employers'  Liability  Commission: 

Gentlemen — At  the  meeting  of  the  Chicago  Federation  of  Labor  held  on 
Sunday,  Sept.  4,  1910,  the  question  of  endorsing  or  rejecting  the  plan  of 
compensation,  as  outlined  by  the  commission  which  was  created  by  an  Act 
of  the  special  session  of  the  Illinois  Legislature,  was  referred  to  the  Exec- 
utive Board  and  the  Legislative  Committee  of  this  Federation  for  final 
consideration,  investigation  and  action. 

In  view  of  the  above  action,  the  Executive  Board  and  the  Legislative 
Committee  of  the  Chicago  Federation  of  Labor  met  on  Sunday,  September 
12th,  and  after  due  and  careful  consideration  submit  the  following: 

For  years  and  years  Organized  Labor  had  repeatedly  urged  the  Illinois 
Legislature  to  enact  a  law  which  would  establish  the  responsibility  of  the 
employer  to  his  employes,  and  each  and  every  effort  along  this  line  failed. 

The  employers  of  this  State  have  three  remedies  at  law,  known  as  the 
Fellow  Servant  Rule,  Assumption  of  Risk,  and  Contributory  Negligence, 
and  as  every  crook  and  hold-up  man  assumes  an  alias,  these  unspeakable 
measures  are  now  known  as  "the  Defense,"  and  with  these  measures  the 
employers  are  practically  immune  under  the  law,  when  accident  or  death 
occurs  among  their  employes.  But  it  goes  without  saying  that  the  money 
the  employers  have  been  able  to  prevent  their  employes  from  recovering  in 
case  of  accident  or  death  by  the  use  of  the  so-called  defenses  is  blood  money, 
pure  and  simple. 

Organized  Labor  has  constantly  and  persistently  sought  legislation  which 
would  break  down  these  so-called  defenses  and  place  the  maimed  or  crippled 
workman  or  his  widow  and  children  upon  an  equal  footing  with  the  employer 
before  the  law. 

Organized  Labor  realizes  that  under  the  most  favorable  conditions  and 
circumstances  even,  with  the  so-called  defenses  removed,  the  workman  would 
be  at  a  serious  disadvantage  when  seeking  to  recover  damages  from  our 
railroads,  the  Illinois  Steel  Company,  or  the  Beef  Trust,  with  their  unlim- 
ited resources  and  abundance  of  purchased  legal  brains.  But  notwithstand- 
ing that,  Organized  Labor  is  willing  to  take  its  chances  before  the  law;  but 
equality  before  the  law  is  absolutely  impossible  while  the  so-called  defenses 
remain. 

For  years  the  newspapers,  clubs,  the  University  and  its  professors,  em- 
ployers' associations,  and  the  hordes  of  corporation  lawyers  have  decried 
the  efforts  of  Organized  Labor  to  secure  an  adequate   employers'   liability 


LABOR   LEGISLATION    FORTY-SEVENTH    GENERAL   ASSEMBLY.  29 

bill,  and  every  one  who  had  the  temerity  to  advocate  such  legislation  was 
denounced  as  "ignorant,  a  knave,  and  a  detriment  to  the  labor  movement." 

Unlimited  space  and  effort  was  given  to  what  was  called  "industrial 
insurance,"  and  the  interests  named  herein  loudly  proclaimed  that  industrial 
insurance  was  surely  the  millennium  for  the  workers. 

Organized  Labor,  however,  holds  true  to  its  course,  and  in  the  last  session 
of  Legislature  introduced  what  was  known  as  House  Bill  No.  15,  which 
tended  to  establish  the  responsibility  of  the  employer  to  his  employes.  This 
bill  passed  the  House,  but  died  the  usual  death  such  legislation  dies  in  its 
struggle  with  our  lawmaking  body. 

Organized  Labor  did  not  feel  discouraged,  much  less  defeated,  so  it  set 
to  work  to  prepare  for  the  next  battle,  and  that  was  to  be  when  the  special' 
session  of  the  Legislature  was  called  to  enact  the  direct  primary  law.  Or- 
ganized labor,  through  various  means,  tried  to  induce  Governor  Deneen  to 
include  in  his  call  for  the  special  session  the  consideration  of  an  employers' 
liability  bill,  but  v/e  were  given  to  understand  that  the  call  would  be  limited 
absolutely  to  direct  primary  legislation.  Organized  Labor  was  about  to 
rest  its  case  until  the  next  regular  session  would  come  about.  Then  tTie 
unlooked.for  happened.  Some  two  hundred  and  fifty  lives  were  snuffed  out 
without  a  moment's  notice  at  Cherry,  111.  The  widows  and  orphans  were 
crying  for  justice.  Public  opinion  was  aroused  and  was  intensified  a  thou- 
sand times  when  it  was  learned  that  whatever  the  widows  and  orphans  would 
receive  as  a  result  of  their  great  loss  in  this  terrible  calamity  would  be  out 
of  the  goodness  of  heart  of  the  owners  of  the  Cherry  Mine  (the  Cliicago, 
Milwaukee  &  St.  Paul  Railroad),  and  not  because  the  great  State  of  HUnois 
had  provided  legislation  for  their  protection. 

The  administration,  the  Legislature  and  the  interests  were  exposed.  Their 
jack-pot  method  of  juggling  legislation  showed  that  they  failed  to  heed  the 
demands  of  the  toilers  of  the  State.  They  had  denied  the  maimed  and 
crippled,  the  widows  and  the  orphans  the  protection  which  would  come  to 
them  through  the  enactment  of  an  employers'  liability  law.  And  to  further 
prevent  such  humane  and  just  regulation  would  be  denounced  as  criminal, 
so  they  set  to  work  to  cover  up  their  tracks.  The  Governor's  call  for  the 
special  session  was  opened  up  and  it  provided  for  the  appointment  of  an 
employers'  liability  commission  and  other  legislation  to  protect  and  safe- 
guard life  and  limb — and  right  here  is  where  they  put  another  one  over  upon 
us.  Instead  of  calling  the  Legislature  to  consider  an  employers'  liability 
bill  in  the  special  session,  it  was  twisted  to  read,  "to  enact  a  law  to  appoint 
an  employers'  liability  commission,"  and  by  that  twist  of  words  we  were 
denied  employers'  liability  legislation  at  the  special  session. 

Now  then,  v%^hen  the  special  session  met  and  had  under  consideration  the 
bill  to  appoint  the  commission,  we  find  the  bill  was  so  worded  as  to  limit 
the  work  of  the  commission  to  the  consideration  of  compensation  in  case  of 
accident  or  death,  and  this  is  the  first  place  where  we  met  up  with  the 
proposition  of  compensation.  Prior  to  this  industrial  insurance  was  con- 
stantly being  shoved  under  our  nose,  but  the  old  howl  about  industrial  in- 
surance must  have  died,  or  we  were  face  to  face  with  another  victory  of 
public  opinion,  which  now  proclaims  that  each  industry  must  provide  for 
its  human  waste,  and  that  compensation  for  accidents  and  deaths  must  be 
provided  for  by  the  employer.  However,  the  legislation  provided  for  the 
appointment  of  a  commission,  and  unfortunately  the  commission  could  not 
see  its  way  clear  to  consider  an  employers'  liabilitj^  bill,  but  devoted  itself 
rigidly  to  the  proposition  of  compensation,  which,  to  use  an  old  phrase,  is 
"putting  the  cart  before  the  horse." 

In  January,  1910,  a  meeting  was  held  in  the  oflBce  of  the  Chicago  Fed- 
eration of  Labor,  where  the  Illinois  State  Federation  of  Labor,  the  United 
Mine  Workers  of  Illinois  and  the  Chicago  Federation  of  Labor  were  repre- 
sented. After  a  lengthy  discussion  as  to  what  Labor  might  hope  for  from 
the  special  session  of  the  Legislature  v>^hich  was  then  about  to  convene,  it 
was  decided  that  we  would  not  oppose  the  appointment  of  an  employers'  lia- 
bility commission,  but  that  we  would  endeavor  to  amend  the  bill  in  two  par- 


30  BUREAU    OF    LABOR    STATISTICS. 

ticulars.  One  amendment  was  that  we  would  try  to  Have  the  commission 
confined  to  three  employers  and  three  employes.  The  other  amendment  was 
that  we  would  try  to  have  the  commission  report  to  the  Governor  by  Sept.  1, 
1910.  We  also  decided  that  if  the  commission  did  not  report  a  bill  favorable 
to  Labor,  that  the  three  organizations  represented  would  be  free  to  interview 
and  pledge  candidates  for  the  next  Legislature,  and  the  three  organizations 
would  act  unitedly  for  an  employers'  liability  bill  in  the  next  regular  session. 

The  following  is  a  copy  of  the  agreement  entered  into  between  the  Illinois 
State  Federation  of  Labor,  the  United  Mine  Workers  of  Illinois,  and  the  Chi- 
cago Federation  of  Labor  at  the  January  meeting,  1910: 

Since  there  has  been  included  in  the  call  for  the  special  session  a  request 
for  the  creation  of  a  commission  to  consider  the  question  of  an  employers' 
liability  act,  thereby  preventing  the  enactment  of  employers'  liability  legis- 
lation at  the  special  session; 

Therefore,  we  agree  to  an  amendment  to  the  Hull  bill,  providing  that 
the  commission  be  composed  of  three  employers  and  three  employes,  to  meet 
immediately  after  their  appointment  and  to  report  their  findings  not  later 
than  Sept.  1,  1910,  to  the  Governor. 

In  the  event  of  their  failure  to  make  definite  and  final  report  by  Sept.  1, 
1910,  the  Illinois  State  Federation  of  Labor,  the  United  Mine  Workers  of 
Illinois,  and  the  Chicago  Federation  of  Labor  will  act  united  in  the  session 
of  the  Illinois  Legislature  of  1911  for  an  employers'  liability  act." 

The  above  proves  conclusively  that  the  attitude  of  the  three  organizations 
is  absolutely  in  favor  of  an  employers'  liability  law.  If  we  thought  for 
one  moment  that  the  commission  would  limit  itself  to  the  consideration  of 
compensation,  we  would  not,  under  any  circumstances,  put  a  time  limit  upon 
their  operations.  The  question  of  compensation  is  a  big  one,  and  to  say  that 
the  commission  would  do  justice  to  the  proposition  in  a  few  months  would 
be  asking  them  to  do  the  impossible. 

On  the  other  hand,  we  felt  sure  then,  and  do  now,  that  an  employers' 
liability  act,  doing  equal  and  even-handed  justice  to  all  concerned  can  be 
fully  and  thoroughly  considered  in  a  few  months'  time,  because  it  does  not 
need  the  investigation,  research  and  information  necessary  as  when  consid- 
ering compensation.  In  this  connection  it  may  be  well  to  quote  from  a  letter 
on  this  subject,  written  by  Samuel  Gompers,  president  of  the  American  Fed- 
eration of  Labor,  to  the  Chicago  Federation  of  Labor.     Mr.  Gompers  says: 

Washington,  D.  C,  Dec.  24,  1910. 

Your  favor  of  the  21st  inst.  with  enclosure  came  duly  to  hand,  and  I 
perused  both  with  a  very  great  deal  of  interest.  In  connection  with  the  bill 
introduced  in  the  Legislature  by  Mr.  Charles  Naylor,  let  me  say  that  I  partly 
agree  with  the  action  taken,  that  is,  in  so  far  as  employers'  liability  is  con- 
cerned. There  should  be  no  question  or  division  of  opinion  upon  that  sub- 
ject. Indeed,  there  is  none  among  intelligent,  far-seeing  and  fair-minded 
men.  The  Illinois  Legislature  should  enact  a  liberal  employers'  liability 
act  at  the  special  session  and  then  undertake  an  investigation  with  a  view 
of  the  introduction  of  an  automatic  compensation  law,  for  that  view  ob- 
servers now  regard  as  the  most  feasible  and  just  solution  of  the  vocational 
ills,  accidents  and  deaths. 

You  ask  me  to  have  a  bill  drafted  upon  the  question  of  employers'  lia- 
bility for  introduction  in  the  Illinois  Legislature  at  its  present  special  session. 
The  subject  of  drafting  a  comprehensive  bill  has  been  under  consideration 
for  several  years,  and  reports  thereon  made,  particularly  to  the  last  conven- 
tion of  the  A.  F.  of  L.  in  Toronto.  The  convention  directed  that  these  bills 
be  printed,  circulated  and  forwarded  to  the  officers  of  the  State  Federations 
and  central  bodies  with  a  view  of  their  general  introduction  and  the  agita- 
tion for  their  enactment.  I  have  not  yet  had  a  chance  to  have  the  bills 
printed,  but  will  send  you  a  typewritten  copy  in  the  course  of  a  few  days. 

Ffaternally  yours, 

(Signed)      Samuel  Gompers. 
President  American  Federation  of  Labor. 


hAH(Ul    LKCJJSI.AI  lUN     FOKT V-.SKVKXTl i    UENKHAL    ASSEMBLY.  ol 

The  Chicago  Federation  of  Labor  has  declared  itself  opposed  to  any  kind 
of  compensation  until  such  time  as  we  have  an  employers'  liability  law 
enacted,  and  the  wisdom  of  this  stand  is  shown  in  the  attitude  of  the  em- 
ployers themselves.  They  have  come  to  realize  that  on  account  of  public 
opinion  it  is  possible  that  the  Legislature  will  be  compelled  to  enact  a  law 
which  will  deprive  them  of  so-called  defenses,  and  before  the  so-called  de- 
fenses are  taken  away  from  them  by  law  they  want  us  to  barter  away  our 
rights  to  compensation  by  agreeing  to  a  much  less  compensation  than  we  are 
entitled  to,  they  agreeing  to  forego  the  use  of  the  so-called  defenses. 

At  the  public  meeting  of  the  commission  held  in  this  city  August  24th 
and  25th  the  statement  was  made  on  the  part  of  the  employers  that  they, 
the  employers,  had  some  very  valuable  remedies  at  law,  the  so-called  de- 
fenses, and  they  would  not  let  go  of  them  unless  they  had  a  satisfactory 
plan  of  compensation.  Talk  about  the  big  noise  and  the  big  stick;  the 
above  statement,  coming  from  the  employers,  is  the  big  noise  and  the  big 
stick  combined. 

To  say,  as  has  been  said,  that  Labor  is  standing  in  its  own  light  by  oppos- 
ing compensation,  is  "bunk,"  unadulterated.  Those  who  use  that  statement 
know  better  than  anyone  else  that  Labor  does  not  oppose  a  compensation 
plan.  Labor  demands  an  adequate  automatic  compensation  plan,  which  will 
be  brought  about  in  a  logical  way  in  the  development  of  legislation  which 
must  come  as  the  result  of  the  horrible  maiming  and  slaughtering  of  our 
fellow  workers  in  the  various  industries. 

It  has  been  said  that  an  employers'  liability  law  and  a  compensation 
plan  are  two  progressive  steps  and  should  be  taken  together.  This  is  the 
most  dangerous  argument  we  have  had  to  contend  with,  because  there  is 
something  in  it  which  appeals  to  the  casual  observer  and  those  v>'^ho  do  not 
look  behind  the  scenes.  But  no  greater  menace  to  the  interests  of  the 
workers  exists  than  to  link  these  two  questions  together  and  consider  them 
at  one  and  the  same  time.  A  closer  scrutiny  of  the  principles  involved  will 
readily  convince  any  open-minded,  honest  man  that  the  fundamental  princi- 
ple of  each  proposition  is  absolutely  contrary  to  the  other. 

After  going  over  this  whole  matter  in  detail  we  can  come  to  no  other 
conclusion  than  that  Labor  has  almost  within  its  grasp  the  legislation  we 
have  sought  these  many  j'tars.  All  these  other  propositions  injected  at  this 
time  is  only  procrastination  and  to  becloud  the  issue,  and  to  get  the  workers 
wrangling  among  themselves  as  to  the  best  course  to  pursue.  Patience  will 
bring  results.  To  grasp  what  the  commission  would  hand  us,  is  but  to  grasp 
at  a  straw.  Let  us  be  true  to  ourselves  and  the  employers  will  have  a  great 
awakening  in  the  near  future. 

JoHx  FiTZPATRiCK.  President, 

Ed.  N.  Nockels,  Secretary. 

Mrs.  Raymond  Robbins. 

M.  C.  Buckley, 

F.    DONOGHUE. 

,     .  Jerry  Kain. 

Chas.  Grassel, 

For  the  Executive  Board. 
JoHx  O'Neill,  Chairman. 
Chas.  Curtis,  Secretary. 
John  Flora, 
For  the  Legislative  Committee. 

The  a])ove  letter  was  submitted  to  the  coinmission  by  Messrs.  Boyle 
and  Flora,  as  indicative  of  their  reasons  for  objecting  to  any  kind  of  a 
Compensation  Bill. 

The  employers  thereupon  submitted  the  following  statement,  express- 
ing their  vieAvs  on  the  points  raised  by  the  Chicago  Federation  of  I^abor : 


32  BUREAU    OF    LABOR    STATISTICS. 

Presented  by  Employers. 

Sept.  14,  1910. 
Hon.  Chas.  8.  Deneen,  Governor  State  of  Illinois,  Springfield,  Illinois: 

Dear  Sir — The  commission,  of  v/hich  the  undersigned  were  members,  or- 
ganized immediately  after  it  was  created  on  March  4,  1910,  and  devoted  itself 
diligently  to  a  careful  study  of  the  subject  of  employers'  liability,  involving 
the  collection  of  reliable  data  on  which  to  base  conclusions,  an  investigation 
of  the  state  of  the  law  in  Illinois  in  regard  to  the  subject,  and  a  study  of 
what  has  been  done  by  the  leading  industrial  countries  in  Europe,  and  what 
was  under  consideration  by  similar  commissions  appointed  in  the  states 
of  New  York,  Wisconsin  and  Minnesota.  On  or  about  August  1st  a  tenta- 
tive plan  outlining  the  main  purposes  of  such  a  measure  as  the  commission 
had  in  mind  was  formulated,  and  was  submitted  for  the  purpose  of  pro- 
voking discussion  and  criticism  in  public  meetings  held  in  East  St.  Louis. 
Springfield,  Rock  Island,  Peoria  and  Chicago.  The  plan  submitted  at  these 
meetings  comprised  in  its  essence  the  salient  features  of  workingmen's  com- 
pensation act.  Immediately  after  the  last  public  hearing  a  bill  was  prepared 
by  the  attorney  of  the  commission,  incorporating  in  general  the  features  of 
the  plan,  with  such  modifications  as  were  suggested  by  the  public  discussions, 
and  after  numerous  changes  suggested  by  different  members  of  the  commis- 
sion the  final  draft  of  a  bill,  as  follows,  was  submitted  to  vote. 

The  failure  to  recommend  a  bill  under  the  conditions  prescribed  by  the 
Act  creating  the  commissions  was  due  in  large  measure,  in  the  opinion  of 
your  subscribers,  to  the  limited  time  at  the  disposal  of  the  commission. 

The  necessity  for  submitting  a  final  report  on  September  15th  left  the 
commission  no  time  for  the  publication  of  the  draft  of  the  completed  bill, 
and  for  the  creation  of  public  sentiment  in  its  favor;  neither  did  it  afford  to 
the  members  of  the  commission  the  opportunity  of  finding  a  common  ground 
on  which  a  majority  of  each  side  could  meet. 

In  spite  of  the  fact  that  every  one  of  the  industrial  nations  of  Europe 
has  discarded  the  system  of  paying  damages  on  the  ground  of  the  liability 
of  the  employer,  and  has  adopted  in  its  stead  the  payment  of  compensation 
for  industrial  accidents;  in  spite  of  the  fact  that  New  York  has  adopted  a 
workmen's  compensation  act,  and  that  both  Wisconsin  and  Minnesota  are 
considering  compensation  as  the  only  feasible  solution  of  this  problem,  the 
Chicago  Federation  of  Labor  and  its  representatives  on  the  commission  have 
taken  a  decided  stand  that  the  abrogation  of  the  employers'  defenses  must 
precede  any  bill  providing  compensation. 

It  is  evident  from  the  letter  which  the  federation  submits,  and  which 
is  reprinted  on  page  31,  that  its  officers  are  not  only  unfamiliar  or  unmind- 
ful of  the  economic  waste  involved  in  any  employers'  liability  system,  but 
that  they  have  no  knowledge  of  the  total  inadequacy  of  such  a  system,  even 
when  extended  by  such  serious  modification  of  the  employers'  defenses  as 
the  American  Federation  of  Labor  advocates. 

The  Bulletin  for  the  Bureau  of  Labor  for  January,  1908,  gives  on  page 
120  the  statistics  of  46,000  industrial  accidents  collected  by  the  German  Im- 
perial Insurance  office. 

The  classification  of  the  causes  of  the  accidents  is  as  follows: 

PER 

cent. 

1.  Due  to  negligence  or  fault  of  employer  16.81 

2.  Due  to  joint  negligence  of  employer  and  injured  employe  4.66 

3.  Due  to  negligence  of  co-employ6s  (fellow  servants)   5.28 

4.  Due  to  acts  of  God   1.31 

5.  Due  to  fault  or  negligence  of  employe   28.89 

6.  Due  to  inevitable  accidents  connected  with  the  employment  42.05 


100.00 
If  this  classification  is  correct,  and  the  statistics  of  German  Government 
Bureaus  are  not  often  open  to  suspicion,  then  if  under  existing  conditions  17 
out  of  every  100  injured  persons  are  entitled  to  recover,  the  abrogation  of 


■J 
LABOR   LEGISLATION   FORTY-SEVENTH   GENERAL   ASSEMBLY.  33 

the  fellow  servant  doctrine,  and  the  modification  of  the  defenses  of  assumed 
risk  and  contributory  negligence,  all  as  recommended  by  the  American  Fed- 
eration of  Labor,  will  increase  the  number  6f  those  entitled  to  recover  to 
27  out  of  every  100  injured.  But  the  remaining  73  will  continue  to  add  their 
quota  to  the  long  list  of  unrewarded  sacrifices  to  modern  industry. 

Not  only  is  any  employers'  liability  law,  no  matter  how  stringent,  wholly 
inadequate  to  cover  the  losses  resulting  from  industrial  accidents,  but  the 
administration  of  such  a  law  is  wasteful  and  unsatisfactory. 

The  cost  of  compensating  workmen  for  injuries  is  in  the  last  analysis 
borne  by  the  public,  and  the  interests  of  the  public  demand  that  no  system  of 
compensation  shall  carry  with  it  preventable  waste.  To  the  injured  work- 
man, or  to  his  family,  definite  compensation,  immediately  and  automatically 
paid,  is  of  vital  importance.  But  an  employers'  liability  law  meets  none  of 
these  prime  necessities. 

Under  it  every  case  is  a  gamble.  A  shrewd  attorney  and  a  sympathetic 
jury  mean  a  big  verdict,  and  an  equally  good  case,  poorly  handled,  often  re- 
sults in  none.  But  the  employer  is  compelled  to  prepare  each  case  as  if  a 
big  verdict  were  imminent,  and  he  is  forced  to  put  up  a  hard  legal  fight  on 
that  account. 

During  1908,  $22,000,000  was  contributed  by  the  employers  of  the  United 
States  to  liability  insurance  companies  to  carry  their  accident  risk,  and  of 
this  amount  not  more  than  $5,500,000  reached  the  injured  workmen,  or  his 
dependents — an  economic  waste  of  $16,500,000.  Double  the  chances  of  recov- 
ery by  an  abrogation  or  modification  of  the  employers'  defenses  and  you  but 
double  the  premium  and  increase  the  waste  to  $33,000,000. 

Surely  a  system  involving  such  a  waste  in  its  administration  cannot  be 
regarded  with  equanimity  by  the  public.  Nor  when  once  understood  would 
it  receive  sanction  by  any  body  of  workmen.  The  law's  delay,  at  present  so 
often  the  cause  of  bitter  complaint,  would  in  no  wise  be  improved  by  the 
enactment  of  a  stringent  liability  measure.  In  fact,  the  machinery  of  the 
courts  would  be  subjected  to  severer  strain  than  at  present. 

And  beyond  that,  the  very  ground  on  which  damages  are  assessed  under 
a  liability  act,  viz,  the  fault  or  negligence  of  the  employer,  if  often  irrational 
and  unjust.  When  an  employer  has  surrounded  his  workmen  with  every 
proper  safeguard,  and  when  he  has  exercised  proper  care  in  the  selection  of 
his  workmen  and  his  agents,  he  resents  a  demand  for  damages  because  he 
has  been  at  fault  or  has  been  guilty  of  negligence. 

In  the  opinion  of  the  undersigned,  the  problem  of  industrial  accidents 
cannot  be  solved  satisfactorily  to  all  concerned  until  the  question  is  taken 
out  of  the  realm  of  tort  and  placed  on  the  basis  of  definite  compensation  auto- 
matically paid.  But  this  opinion  is,  unfortunately,  not  shared  at  this  time 
by  some  of  our  labor  colleagues.  They  state  that  for  the  past  generation  the 
workers  have  discussed  the  question  of  employers'  liability,  that  they  are 
familiar  with  it  in  all  its  bearings,  and  that  they  can  measure  the  advantage 
to  themselves  of  any  modification  of  existing  employers'  liability  laws. 

Such,  however,  is  not  true  concerning  a  workmen's  compensation  act. 
The  subject  is  still  new  to  them.  It  has  not  been  generally  discussed  among 
them,  and  they  find  it  difficult  on  that  account  to  predict  or  foresee  the  result. 
We  believe  that  all  of  our  labor  colleagues  on  the  commission  agree  that  the 
scale  of  compensation  submitted  in  the  plan  is  at  least  from  four  to  five 
times  that  received  under  present  conditions.  But  in  spite  of  that,  some  of 
them  are  unwilling  to  subscribe  to  a  measure  which  has  not  the  full  approval 
of  the  organizations  which  they  represent,  and  insist  that  the  commission 
draft  and  submit  an  employers'  liability  bill  along  the  lines  recommended 
by  the  American  Federation  of  Labor.  This  demand  was  opposed  by  all  of 
the  employers,  for  the  reasons  hereinbefore  stated,  and  the  division  of  the 
commission  on  this  question  was  so  marked  as  to  preclude  any  opportunity 
of  agreement  on  the  details. 

In  spite  of  the  short  time  allowed  the  commission,  the  draft  of  the  bill 
submitted  in  this  letter  represents  a  very  positive  step  in  advance,  and  had 

— 3  L  L  . 


34  liniEAU    OF    LABOR    STATISTICS. 

further  time  been  allowed  for  both  employers  and  employes  to  familiarize 
themselves  with  its  terms  and  its  scope,  we  are  certain  that  a  definite  bill 
could  have  been  agreed  upon. 

The  scale  of  compensation  outlined  in  the  plan  meant  for  the  hazardous 
employments  a  very  considerable  increase  in  expense;  and  in  the  opinion 
of  the  employers  on  the  commission  this  scale  is  all  that  can  be  allowed  until 
the  industries  which  compete  with  those  of  other  states  have  been  able  to 
adjust  themselves  to  so  radical  a  change  from  existing  conditions.  Our  labor 
colleagues  have  been  too  apt  to  base  their  conception  of  compensation  on  the 
amount  which  in  their  opinion  the  very  large  corporations  like  the  U.  S.  Steel 
Co.,  the  Harvester  Co.,  and  the  packing  companies  were  able  to  pay,  and 
have  at  times  been  forgetful  of  the  many  thousand  small  employers  in  the 
State  upon  whom  the  bill,  of  necessity,  must  impose  similar  burdens.  The 
conditions  in  certain  industries  in  Chicago  cannot,  and  should  not,  be  made 
the  sole  basis  for  legislation  for  the  rest  of  the  State. 

The  method  of  providing  for  arbitration  in  the  draft  submitted  is,  in  the 
opinion  of  your  subscribers,  inferior  to  one  in  which  all  questions  pertaining 
to  the  Compensation  Act  would  be  submitted  to  a  regular  and  permanent 
Board  of  Arbitration  and  Award;  but  the  attorney  for  the  commission  hesi- 
tated about  incorporating  the  authorization  of  such  a  body  in  the  pro- 
visions of  the  bill. 

The  undersigned  have  been  prompted  to  submit  to  you  this  letter,  in 
order  to  call  to  your  attention,  and  to  that  of  the  Legislature,  the  chief 
difficulties  that  have  stood  in  the  way  of  an  agreement,  and  in  order  to  assist, 
if  possible,  the  crystallization  of  public  opinion  on  this  important  question. 

Yours  very  truly, 

Charles    Piez, 
W.  J.  Jackson, 
P.  H.  Peterson, 
M.  B.  Starring, 
E.  T.  Bent, 
R.  E.  Conway. 

This  concluded  the  active  work  of  the  commission,  the  final  day  heing 
devoted  to  the  closing ^np  of  details. 

Eespectfully  suhmitted, 

Charles  Piez,  Chairman. 
Ed\^'ix  R.  Wright,  Secretary. 


ATTORXEYS    FI^AL    REPORT    AXD    RECOMMENDATIOXS. 

The  commission  having  determined,  tentatively,  upon  the  workmen's 
compensation  plan,  as  probably  the  most  desirable  method  of  covering, 
by  legislation,  the  entire  field  of  liability  for  industrial  accidents,  re- 
quested a  report  from  its  ^ittorney  upon  the  ap])licability  of  the  work- 
]nen's  compensation  plan  (based  upon  the  Englisli  and  similar  systems) 
to  the  general  conditions  existing  in  the  State  of  Illinois,  and  tlie  con- 
stitutionality of  such  a  law  here. 

Constitutionality   of   Wori-^men's    Compensation    Laws. 

(By  Samuel  A.  Harper,  of  Chicago.) 

The  general  question  involved  in  a  discussion  of  the  constitutionality 
of  a  workmen's  compensation  law  in  this  State  is:  Can  the  Legislature 
change  the  basis  of  recovery  between  employe  and  employer  from  the  negli- 
gence or  fault  of  the  employer  to  an  absolute  liability,  based  on  the  ordi- 
nary and  inherent  risks  cf  the  industrv? 


LABOR    LEGISLATIOX    FORTY-SEYEXTH    GENERAL    ASSEMBLY.  35 

The  right  of  the  employ^  to  recover  damages  from  his  employer  for 
personal  injury  received  by  tlie  employe  in  the  course  of  his  employment 
has  existed  for  many  years,  at  common  law.  About  three  hundred  years 
ago  the  courts  adopted  the  doctrine  of  respo7ident  superior,  which  extended 
the  liability  of  the  employer  for  such  personal  injury  to  the  negligent 
acts  of  the  employer's  agents  and  servants.  This  general  common  law 
right  of  the  employe  existed  at  the  time  of  the  adoption  of  the  Constitution 
of  the  United  States  and  of  the  Constitution  of  the  State  of  Illinois,  and 
is  merely  one  of  a  large  class  of  so-called  tort  cases,  in  which  one  person 
injured  by  the  negligence  of  another  has  a  right  of  redress,  for  the  wrong 
committed,  in  the  form  of  compensation  for  the  damages  which  he  has  sus- 
tained. 

No  other  method  of  legal  compensation  is  known  to  American  law  today. 
The  common  law  of  England,  including  this  rule  in  regard  to  tort  liability; 
has  been  adopted  in  this  country,  and  our  various  constitutions  and  bills 
of  right  have  been  adopted  with  reference  thereto.  In  addition  to  this, 
the  Legislature  of  the  State  of  Illinois  provided  by  statute  enacted  in  1874, 
four  years  after  the  adoption  of  our  present  Constitution,  that  "the  com- 
mon law  of  England,  so  far  as  the  same  is  applicable,  and  of  a  general 
nature,  and  all  statutes  or  acts  of  the  British  Parliament,  made  in  aid 
thereof,  and  to  supply  the  defects  of  the  common  law  *  *  *  and  which 
are  of  a  general  nature,  and  not  local  to  that  Kingdom,  shall  be  the  rule  of 
decision,  and  shall  be  considered  of  full  force  until  repealed  by  legislative 
authority." 

Kurd's  Rev.   Stat.,   ch.   28,   p.   485. 

While  the  common  law  rules  regulating  the  relation  of  master  and  serv- 
ant have  remained  practically  unchanged  in  Illinois,  nearly  every  country 
in  Europe  has  adopted  a  legislative  plan  of  automatic  compensation  for 
accidental  injuries  which  disregards  entirely  the  question  of  the  master's 
fault  or  negligence.  England  began  its  legislative  changes  in  the  law 
of  employer's  liability  with  the  Gladstone  Act  of  1880;  and  after  adding 
various  amendments  during  the  next  seventeen  years,  finally  adopted  the 
Chamberlain  Act  of  1897,  which  is  a  compensation  law,  based  on  trade  risk. 
This  statute,  with  the  amendments  whjch  have  since  been  made  enlarging 
the  scope  of  the  original  act,  is  now  the  law  of  England. 

European  countries,  of  course,  have  no  written  constitutions  or  bills 
of  right,  which  may  not  at  any  time,  in  the  legislative  judgment,  be 
amended  by  legislative  enactment,  and  the  adoption  of  workmen's  compen- 
sation laws  have  not,  therefore,  been  fraught  with  the  legal  difficulties 
necessarily  involved  in  any  such  attempted  legislation  in  this  country.  The 
English  Parliament  has  a  perfect  right  to  amend  Magna  Charta  itself  by 
legislative  act,  it  if  sees  fit  to  do  so,  whereas  the  written  constitutions  of 
the  states  are  not  subject  to  legislative  change,  and.  the  organic  law  can 
only  be  amended  by  the  cumbersome  'and  difficult  method  prescribed  in  the 
constitution    itself. 

In  the  absence  of  a  constitutional  amendment,  therefore,  a  compulsory 
workmen's  compensation  law  in  the  State  of  Illinois,  or  in  any  other  state 
in  the  Union,  must  find  its  justification  in  the  general  police  power  of 
the  State,  to  the  reasonable  exercise  of  which  all  constitutional  provisions 
are  subject. 

Reverting,  then,  to  the  question  stated  at  the  outset,  the  propositif)n 
to  be  determined  is  whether  the  Legislature  of  the  State  of  Illinois  can 
pass  a  law,  in  the  exercise  of  the  police  power  of  the  State,  providing  for 
a  compulsory  system  of  compensation  for  industrial  accidents,  regardless 
of  all  questions  of  fault  or  negligence. 

Dual  Form  of  Government. 

A  comprehensive  discussion  of  this  question  would  seem  to  require  some 
consideration  at  the  beginning  of  the  dual  form  of  government  under  which 
we  live. 


36  BUREAU   OP   LABOR   STATISTICS. 

The  government  of  the  United  States  is  one  of  delegated  and  enumer- 
ated powers,  the  National  Constitution  being  the  instrument  which  specifies 
them,  and  in  which  authority  should  be  found  for  the  exercise  of  any 
power  which  the  National  government  assumes  to  possess.  In  this  respect 
it  differs  from  the  constitutions  of  the  several  states,  which  are  not  grants 
of  power  to  the  states,  but  which  apportion  and  impose  restrictions  upon 
the  powers  which  the  states  inherently  possess.  The  National  government 
has  only  those  powers  which  are  granted  to  it  by  the  Constitution,  while 
the  state  government  possesses  all  those  inherent  powers  of  sovereignty 
which  are  not  expressly  limited  or  taken  away  by  the  state  constitution,  or 
exclusively  granted  to  the  National  government  by  the  Federal  Constitution. 

Cooley's  Cons.  Lim.,  7th  Ed.,  p.  11. 

The  police  power  of  the  state  is  neither  exclusively  granted  to  the 
National  government  by  the  Federal  Constitution  nor  denied  by  the  state 
constitution  to  the  state  itself. 

The  amendments  to  the  Federal  Constitution,  among  other  things^ 
provide: 

"Article  IX.  The  enumeration  in  the  Constitution  of  certain  rights  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the  people." 

"Article  X.  The  powers  not  delegated  to  the  United  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states 
respectively,  or  to  the  people." 

It  is  well  settled  that  the  police  power  is  one  of  the  incidents  of  sov- 
ereignty, which  neither  national  nor  .state  constitution  has  granted  away  or 
limited,  and  that  it  inheres  in  the  State  as  well  as  in  the  Federal  govern- 
ment, and  cannot  be  bartered  or  contracted  away. 

U.  S.  V.  DeWitt,  9  Wall.,  41. 

Slaughter  House  Cases,  16  Wall.,  36. 

Barbier  v.  Connolly,  113  U.  S.,  27. 

Mugler  V.  Kansas,  123  U.  S.,  623. 

It  is  even  held  that  the  commerce  clause  of  the  Federal  constitution, 
which  provides: 

"Congress  shall  have  power  *  *  *  ^q  regulate  commerce  with  foreign 
nations  and  among  the  several  states  and  with  the  Indian  tribes  *  *  *." 
(Constitution  of  U.  S.,  Art.  1,  Sec.  8.) 

was  not  intended  to  take  away  the  police  power  of  the  states,  it  being  con- 
strued merely  as  a  limitation  upon  the  powers  of  the  states,  requiring  them 
to  restrict  the  exercise  of  their  police  power  to  matters  of  local  concern, 
and  to  refrain  from  attempting  to  regulate  conditions,  with  regard  to  which 
Congress  had  already  acted  in  a  proper  way. 

The  Police  Powder. 

The  subject  of  compulsory  compensation  falling  then  directly  within  the 
police  power,  and  the  State  having,  as  we  have  seen,  a  clear  and  undis- 
puted right  to  its  exercise,  it  becomes  important  to  inquire  just  what  is 
meant  by  the  term  "police  power"  as  used  by  the  courts. 

Judge  Cooley  described  the  police  power  in  general  terms,  as  follows: 

"The  police  power  of  a  State  in  a  comprehensive  sense  embraces  its 
whole  system  of  internal  regulation,  by  which  the  State  seeks  not  only 
to  preserve  the  public  order  and  to  prevent  offenses  against  the  State,  but 
also  to  establish  for  the  intercourse  of  citizen  with  citizen,  those  rules  of 
good  manners  and  good  neighborhood,  which  are  calculated  to  prevent  a 
conflict  of  rights  and  to  insure  to  each  the  uninterrupted  enjoyment  of  his 
own,  so  far  as  is  reasonably  consistent  with  a  like  enjoyment  of  rights  by 
others." 

Cooley's  Const.  Lim.    (6th  Ed.),  704. 

Professor  Freund,  in  the  introduction  of  his  "Police  Power,"  defines  the 
term  as 

"The  power  of  promoting  the  public  welfare  by  restraining  and  regulat- 
ing the  use  of  liberty  and  property." 

Freund,  Police  Power,   p.  iii. 


I^VBOR   LEGISLATION   FORTY-SEVENTH   GENERAL   ASSEMBLY.  6i 

Professor  George  F.  Tucker  of  the  Boston  Law  School  has  given  it  the 
following  modern  application: 

"Police  power  is  the  name  given  to  that  inherent  sovereignty  which  it  is 
the  right  and  duty  of  the  government  or  its  agents  to  exercise  whenever 
public  policy  in  a  broad  sense  demands,  for  the  benefit  of  society  at  large, 
regulations  to  guard  its  morals,  safety,  health,  order,  or  to  Insure  in  any 
respect  such  economic  conditions  as  an  advancing  civilization  of  a  highly 
complex  character  requires." 

8  Cyc,  863. 

In  seeking  to  apply  the  principles  of  the  law  relating  to  the  police  power 
of  the  State,  to  the  specific  question  of  compulsory  compensation  based 
-solely  on  trade  risk,  we  are  confronted  with  three  questions  of  paramount 
importance  and  difficulty: 

1.  How  far  may  the  rule  of  absolute  liability  be  imposed  upon  the  master 
for  injuries  to  his  servant? 

2.  How  far  may  the  right  of  trial  by  jury  of  both  master  and  servant 
be  limiteti? 

3.  How  may  the  classification  of  affected  trades  be  made  so  as  to  be  con- 
sidered reasonable  and  not  arbitrary? 

I.     The  rule  of  absolute  liability. 

The  great  power  vested  in  a  State  and  its  subordinate  agencies,  called 
the  police  power,  under  which  life,  liberty  and  property  may  be  taken  ex- 
isted from  the  dawn  of  government,  was  recognized  in  the  colonies  at  the 
time  of  the  Declaration  of  Independence,  and  was  always  exercised  by  the 
states,  notwiihstanding  clauses  in  their  own  constitutions,  declaring  that  no 
person  should  be  deprived  of  life,  liberty  or  property  without  due  process 
of  law,  and  the  exercise  of  such  power  by  the  states  was  always  held  to  be 
entirely  consistent  with  such  constitutional  provisions.  These  powers  can- 
not properly  be  called  exceptions  from  the  constitutional  demand  of  due  pro- 
cess of  law,  for  they  are  in  themselves  due  process.  When  the  Fourteenth 
Amendment  was  adopted  it  came  not  to  destroy  rights  existing  in  the  states; 
it  did  not  undertake  even  to  define  due  process  of  law  or  to  declare  or  indi- 
cate what  already  were  or  should  thereafter  be  the  legitimate  powers  of  the 
states;  it  used  only  the  common  law  expression  "due  process  of  law,"  as  a 
local  phrase  of  common  import,  describing  a  pre-existing  thing.  The  amend- 
ment neither  originated,  enlarged  nor  narrowed  that  expression  in  its  mean- 
ing. Plainly,  then,  this  amendment  and  the  similar  provision  in  our  State 
Constitution  does  not  in  any  way  impair  the  lawful  police  power  of  the  State. 

Brannon  on  Fourteenth  Amendment,  p.  167,  168. 

The  moment  the  State,  however,  by  any  of  its  agencies,  attempts  to  inter- 
fere in  any  way  with  the  personal  relationship  of  master  and  servant  or  to 
regulate  in  any  manner  the  express  or  implied  contract  of  hiring,  the  cry 
becomes  loud  and  persistent  that  personal  freedom  of  action  and  the  in- 
dividual liberty  of  contract  must  be  preserved,  and  any  effort  made  by  the 
Legislature  to  impose  a  rule  of  absolute  liability  upon  the  master  for  injuries 
to  the  servant,  disturbing,  as  it  must,  the  private  arrangement  which  they 
have  voluntarily  made  between  themselves,  will  naturally  be  met  with  the 
same  objection. 

Aside  from  those  cases  involving  questions  of  contributory  negligence, 
practically  all  cases  in  which  the  master  is  held  not  to  be  liable  for  the 
injury  to  the  servant,  are  actions  in  which  the  servant  is  virtually  held  to 
have  agreed,  as  a  matter  of  law,  upon  entering  into  the  contract  of  hiring, 
that  he  assumes  the  risk  of  the  injury  complained  of.  It  is  sometimes 
spoken  of  as  an  implied  term  of  the  contract  of  hiring. 

But  even  the  right  to  make  simple  contracts  of  hiring  is  not,  in  the  proper 
sense,  an  absolute  and  unqualified  natural  right,  free  from  all  legislative 
interference,  for  the  courts  have  in  recent  years,  in  a  great  variety  of  cases, 
sustained  the  reasonable  exercise  of  legislative  authority  touching  matters 
'Of  private  contract. 

Muller  V.  Oregon,  208  U.  S.,  412. 

Ritchie  v.  Wayman  et  al,  244  111.,  509. 

Holden  v.  Hardy,  169  U.  S.,  366. 


3vS  BCliEAU    OF    LABOR   STATISTICS. 

The  idea  that  the  right  of  contract  is  an  absolute  and  unrestricted  one 
and  that  men  can  fix  their  rights  and  duties  by  agreement  has  been  termed 
"an  unruly  and  anarchial  idea.  If  there  is  to  be  any  law  at  all,  contract 
must  be  taught  to  know  its  place." 

2  Poll.  &  Maitland's  History  of  English  Law,  2d  Ed.,  232. 

1  Andrews'  American  Law,  2d  Ed.,  sec.  1045. 
■  Any  student  of  politics  will  observe  that  unlimited  freedom  of  action  and 
the  absolute,  untrammelled  right  of  contract  have,  at  times,  led  to  extra- 
vagant political  inequality,  and  also  permitted  individual  servitude  in  no 
way  distinguishable  from  slavery;  and  all  must  agree  that  by  no  form  of 
contract  or  consent  can  one  man  confer  upon  another  the  power  to  exercise 
such  physical  restraint  upon  his  liberty. 

Mill  on  Liberty,  ch.  5. 

1  Andrews'  Amer.  Law,  2d  Ed.,  sec.  462,  p.  582. 

The  relation  of  service  may  rest  oh  voluntary  contract  and  yet  be  con- 
trary to  public  policy.  It  has  been  held  that  this  may  be  so,  for  the  reason 
that  the  conditions  of  the  contract  subject  the  servant  or  employe  to  the 
arbitrary  discretion  of  the  employer. 

Parsons  v.  Trask,  7  Gray,  473. 

Matter  of  Mary  Clark,  1  Blackf.,  122. 

It  is  often  overlooked  that  liberty  has  been  brought  about  quite  as  much 
by  the  limitation  of  the  right  of  contract  as  by  limitations  upon  govern- 
mental power. 

See  Justice  Holmes'  opinion  in  Lochner  v.  New  York,  198  U.  S.,  75. 

Mr.  Bryce  says  that: 

"The  hesitation  shown  by  American  states  in  interfering  with  the  in- 
dividual rights  of  citizens  is  not  due  so  much  to  constitutional  objections  as 
it  is  to  the  ingrown  doctrines  of  individualism,  which  the  history  of  the 
country  and  the  circumstances  of  its  origin  have  done  so  much  to  encourage." 

2  Bryce  Amer.  Commonwealth,  410. 

The  constitutional  provisions  to  which  Mr.  Bryce  refers,  and  which  are  so 
often  invoked  in  an  attempt  to  nullify  the  police  regulations  of  the  State  are, 

(Amendments  to  the  Federal  constitution:) 

"Article  V.  •  No  person  shall  *  *  *  be  deprived  of  life,  liberty  or 
property  without  due  process  of  law     *     *     *." 

"Article  XIV,  Sec.  i.  *  *  *  No  state  shall  make  or  enforce  any  law 
which  shall  abridge  the  privileges  or  immunities  of  citizens  of  the  United 
States,  nor  shall  any  state  deprive  any  person  of  life,  liberty  or  property 
without  due  process  of  law,  nor  deny  to  any  person  within  its  jurisdiction 
the  equal  protection  of  the  lav.\" 

And: 

(Illinois  Constitution:) 

"Article  II,  Sec,  1.  All  men  are  by  nature  free  and  independent,  and  have 
certain  inherent  and  inalienable  rights — among  them  are  life,  liberty  and 
the  pursuit  of  happiness     *     *     *." 

"Sec.  2.  No  person  shall  be  deprived  of  life,  liberty  or  property  without 
due  process  of  law     *     *     *." 

The  quotation  from  the  Illinois  Constitution,  Art.  II,  Sec.  2,  supra,  is  in 
substance  the  provision  contained  in  the  Declaration  of  Independence,  and 
is  the  clause  which  has  been  incorporated  in  the  constitution  of  practically 
every  state  in  the  Union.  This  provision  follows  practically  the  language 
of  Magna  Charta,  which  is: 

"No  freeman  shall  be  imprisoned  or  disseized  of  his  freehold,  liberties 
or  privileges  or  outlawed  or  exiled  or  in  any  manner  deprived  of  his  life, 
liberty  or  property,  but  by  the  judgment  of  his  peers  or  the  law  of  the 
land." 

These  constitutional  provisions  would  seem  to  interpose  an  almost  insur- 
mountable obstacle  in  the  way  of  any  legislation  imposing  a  rule  of  absolute 
liability  upon  the  master,  whereby  his  property  would  be  taken  away  from 
him  and  given  to  the  servant  in  compensation  for  any  injury  for  which,  at 
common  law,  the  master  could  in  no  way  be  held  responsible. 

It   is   interesting  to  note,   however,   historically,   that   the   Supreme   Court 


LABOR    LEGISLATION    FORTY-SLVEXTII    GENERAL    ASSEMBLY.  :'.-» 

of  Illinois,  in  any  early  case,  in  passing  upon  the  scope  of  the  provisions 
from  Magna  Charta.  quoted  supra,  held  that  it  applied  originally  to  criminal 
charges  only,  and  said  that: 

"It  it  was  also  intended  to  relate  to  civil  proceedings,  it  must  be  taken 
in  a  very  limited  and  restricted  sense." 

Rheinhart  v.  Schuyler,  7  111..  473,  520. 

And  it  has  many  times  been  held  that  a  statute  does  not  work  such  a 
deprivation  of  property  "without  due  process  of  law,"  in  the  constitutional 
sense,  simply  because  it  imposes  burdens  or  abridges  freedom  of  action  or 
regulates  occupations,  or  subjects  individuals  or  property  to  restraints 
which  are  reasonably  necessary,  in  the  legislative  judgment,  for  the  general 
welfare  of  the  people.  Legislation,  under  the  police  power,  infringes  the 
constitutional  guaranty  only  when  it  is  extended  to  subjects  not  within  its 
scope  and  purview,  as  that  power  was  defined  and  understood  when  the 
Constitution  was  adopted. 

People  v.  Budd,  117  N.  Y.,  1. 

Even  the  practical  confiscation  resulting  from  the  enforcement  of  prohibi- 
tion and  oleomargarine  laws,  is  within  the  police  power  of  the  State,  and 
is  not  considered  the  taking  of  property  without  compensation,  within  the 
constitutional  inhibition. 

Mugler  V.  Kansas.  123  U.  S..  523. 

Powell  V.  Pennsylvania,  127  U.  S..  678. 

Many  instances  of  the  application  of  the  rule  of  absolute  liability  and 
the  practical  confiscation  of  property  thereby,  are  to  be  found  in  the  books. 

For  example,  k  statute  of  the  state  of  Kansas  makes  railroad  companies 
liable  for  damage  done  by  fire  escaping  from  the  locomotive  engines  of  the 
railroad  company,  regardless  of  any  question  of  negligence,  the  statute  only 
requiring  that  the  injured  person  prove  in  the  first  instance  that  the  damage 
has  been  done  and  that  the  injury  is  the  proximate  result  of  the  accident. 
The  Supreme  Court  of  the  United  States,  in  passing  upon  this  statute,  held 
it  to  be  a  proper  exercise  of  the  police  power,  and  not  in  conflict  with  the 
Fourteenth  Amendment.     The  court,  among  other  things,  said: 

"The  dangerous  element  employed  and  the  hazards  to  persons  and  prop- 
erty, arising  from  the  running  of  trains  and  the  operation  of  railroads,  justi- 
fies such  a  law:  and  the  fact  that  all  persons  and  corporations  brought  under 
its  influence  are  subjected  to  the  same  duties  and  liabilities  under  similar 
circumstances,  disposes  of  the  objections  raised     *     *     *." 

"It  is  also  a  maxim  of  constitutional  law  that  a  Legislature  is  presumed 
to  have  acted  within  constitutional  limits,  upon  full  knowledge  of  the  facts, 
and  with  the  purpose  of  promoting  the  interests  of  the  people  as  a  whole, 
and  courts  will  not  lightly  hold  that  an  act  duly  passed  by  the  Legislature 
was  one  in  the  enactment  of  which  it  transcended  its  powers." 

A.,  T..  etc..  Ry.  Co.  v.  Matthews.  174  U.  S.,  96,  99,  104. 

A  similar  decision  was  reached  by  the  same  court  in  passing  upon  a  like 
statute  of  the  state  of  Missouri. 

St.  Louis  &  San  Francisco  Ry.  Co.  v.  Matthews,  165  U.  S.,  1. 

In  a  similar  case  in  Illinois  our  Supreme  Court  held  that  when  it  appears 
that  fire  has  escaped  from  a  railroad  locomotive  it  will  be  prestimed  that 
the  company  was  not  employing  the  best  known  contrivances  to  retain  the 
fire,  and  it  will,  to  rebut  this  presumption,  devolve  upon  the  company  to 
show  that  such  machinery  was  thus  employed  and  in  repair.  Mr.  Justice 
Breese.  writing  a  separate  opinion,  in  discussing  the  dangerous  character 
of  the  railroad  industry,  says: 

"I  cannot  believe  there  is  the  slightest  analogy  between  individual  action 
and  conduct,  and  that  of  an  association  running  and  controlling  such  dan- 
derous  machines  as  railroad  locomotives.  Nor  can  I  think  the  care  and 
diligence  a  prudent  man  would  use  about  his  own  property  is  of  the  same 
grade  as  that  required  of  railroad  companies.  For  the  safety  of  the  people 
and  their  property,  a  degree  much  higher  ought  to  be  required.  The  care 
and  diligence  required  in  every  case  should  have  some  relation  or  affinity 
to  the  nature  of  the  business,  and  to  the  instrumentalities  by  which  it  is 
conducted." 


-10  BUREAU    OF    LABOR    STATISTICS. 

Another  instance  of  the  imposition  of  a  new  liability  unknown  to  the  com- 
mon law,  is  the  so-called  dramshop  legislation  of  New  York,  Illinois  and 
other  states.  These  statutes,  as  a  general  rule,  make  the  owner  of  the 
premises  leased  by  him  for  saloon  purposes  responsible  in  damages  to  any 
person  suffering  loss  by  reason  of  the  injury  or  death  of  another  person 
caused  by  the  sale  of  intoxicating  liquors.  The  New  York  Court  of  Appeals, 
in  passing  upon  the  New  York  statute  and  sustaining  its  constitutionality, 
among  other  things,  said: 

"And  the  act  of  1873  is  not  invalid  because  it  creates  a  right  of  action  and 
imposes  a  liability  not  known  to  the  common  law.  There  is  no  such  limit  to 
legislative  power.  The  Legislature  may  alter  or  repeal  the  common  law. 
It  may  create  new  offenses,  enlarge  the  scope  of.  civil  remedies  and  fasten 
responsibility  for  injuries  upon  persons  against  whom  the  common  law  gives 
no  remedy.  We  do  not  mean  that  the  Legislature  may  impose  upon  one  man 
liability  for  an  injury  suffered  by  another,  with  which  he  had  no  connection. 

"But  it  may  change  the  rule  of  the  common  law,  which  looks  only  to  the 
proximate  cause  of  the  mischief,  in  attaching  legal  responsibility,  and  allow 
a  recovery  to  be  had  against  those  whose  acts  contribute,  although  remoteb*, 
to  produce  it.  This  is  what  the  Legislature  has  done  in  the  act  of  1873.  That 
there  is  or  may  be  a  relation,  in  the  nature  of  cause  and  effect,  between  the 
act  of  selling  or  giving  away  intoxicating  liquors,  and  the  injuries  for  which 
a  remedy  is  given,  is  apparent,  and  upon  this  relation  the  Legislature  has 
proceeded  in  enacting  the  law  in  question.  It  is  an  extension,  by  the  Legis- 
lature, of  the  principle  expressed  in  the  maxim,  'Sic  uter  tuo  ut  alienum  non 
laedas,'  to  cases  to  which  it  had  not  before  been  applied,  and  the  propriety 
of  such  an  application  is  a  legislative  and  not  a  judicial  question." 

Bertholf  v.  O'Reilly,  74  N.  Y.,  509. 

Our  Supreme  Court,  in  passing  upon  the  Illinois  law,  held  that  it  did 
not  deprive  the  owner  of  his  property  without  due  process  of  law,  and  ex- 
pressly approved  of  Bertholf  v.  O'Reilly,  supra,  in  the  following  language: 

"In  Bertholf  v.  O'Reilly,  74  N.  Y.,  509,  it  was  held  that  the  owner  of  a 
building  who  lets  it  to  be  occupied  for  the  sale  of  intoxicating  liquors, 
assumes  the  risk  of  having  a  lien  imposed  by  a  statute  enforced  by  a  decree 
of  court  in  favor  of  any  one  who  has  secured  a  judgment  against  the  seller 
for  injury  to  his  means  of  support.  He  may  let  or  use  his  premises  as 
a  place  for  the  sale  of  liquors,  subject  to  the  liability  which  an  act  of  that 
kind  impQses.  The  Supreme  Court  of  Kansas  has  also  held  that  a  law 
subjecting  premises  leased  or  occupied  for  the  sale  of  intoxicating  liquor  to  a 
lien  for  fines  and  costs  assessed  against  the  occupant  does  not  contravene 
any  provision  of  the  Constitution.  (Hardten  v.  State,  32  Kan.,  637.)  The 
Supreme  Court  of  Ohio  has  held  that  the  provision  of  a  statute  practically 
identical  with  our  own  (Streeter  v.  People,  69  111.,  595),  authorizing  sub- 
jecting the  property  of  the  owner  to  the  payment  of  a  judgment  recovered 
against  his  lessee,  does  not  violate  the  Constitution  or  deprive  the  lessor 
of  his  property  without  due  process  of  law;  that  a  judgment  not  obtained 
by  fraud  or  collusion  is  conclusive  against  the  owner,  both  as  to  the  sales 
and  to  the  damages  resulting  therefrom,  and  that  in  a  proceeding  to  subject 
the  property  to  the  judgment  it  is  only  necessary  to  allege  the  facts  which, 
under  the  statute,  make  the  premises  liable.  (Millen  v.  Peck,  49  Ohio  St., 
447;  Gordon  v.  Hailes,  59  id.  342.)" 

Wall  V.  Allen,  244  111.,  456,  463. 

Another  example  of  legislation  changing  the  rules  of  common  law,  is  to 
be  found  in  the  statutes  providing  for  the  registration  of  land  titles,  com- 
monly known  as  the  "Torrens  System."  Under  our  constitutional  provi- 
sion that  no  man  shall  be  deprived  of  his  property  without  due  process  of  law, 
it  has  been  maintained  that  those  statutes  are  unconstitutional,  because  regis- 
tration makes  the  title  absolute  and  not  open  to  subsequent  attack,  however 
meritorious  may  be  the  claim;  and  also  because  there  is  no  sufficient  notice 
required  to  be  given  to  and  no  sufficient  process  against  persons  having 
claims  adverse  to  the  applicant  for  title  registration,  etc.  The  constitu- 
tionality of  these  laws,  however,  has  been  sustained  in  Illinois,  Minnesota, 
Massachusetts,  Colorado,   Oregon,  etc.     Brewster  on  Conveyancing,  sec.   436. 

Another  striking  illustration  showing  the  extent  to  which  State  legislatures 


LABOR   LEGISLATION   FORTY-SEVENTH   GENERAL  ASSEMBLY.  41 

have  gone  in  imposing  a  liability  unknown  to  the  common  law,  is  to  be 
found  in  the  various  Pauper  acts  adopted  by  many  of  the  states  of  the 
Union,  following  the  precedent  set  by  England  in  the  Statute  of  43  Elizabeth. 
We  have  such  a  statute  in  Illinois,  which  has  been  sustained  by  our  Supreme 
Court  as  a  legitimate  exercise  of  legislative  power.  The  court,  in  passing 
upon  the  law,  discusses  it  in  the  following  language: 

"The  principal  objections  urged  by  appellee  to  the  case  made  by  the  com- 
plaint, challenge  the  constitutionality  of  section  1  of  the  statute  in  relation 
to  paupers,  which  provides  that  every  poor  person  who  shall  be  unable  to 
earn  a  livelihood  in  consequence  of  any  bodily  infirmity,  idiocy,  lunacy  or 
other  unavoidable  cause,  and  provided  the  pauperism  is  not  caused  by  in- 
temperance or  other  bad  conduct,  shall  be  supported  by  the  father,  grand- 
father, mother,  grandmother,  children,  grandchildren,  brothers  or  sisters 
of  such  poor  person,  if  they  or  either  of  them,  be  of  sufficient  ability.  *  »  * 
"He  questions  the  power  of  the  Legislature  to  compel  a  man,  in  any  event, 
to  support  his  indigent  brothers  or  sisters,  and  urges  the  unconstitutionality 
of  the  statute  on  these  two  grounds:  First,  that  the  Legislature  has  no 
power  to  impose  upon  a  citizen  a  liability  of  this  character,  and,  second, 
that  the  method  prescribed  by  the  statute  for  its  enforcement  deprives  him 
of  that  due  process  of  law  to  which  he  is  entitled."  *  *  *  "it  is  urged 
that  our  statute  is  a  plain  attempt  on  the  part  of  our  Legislature  to  impose 
upon  one  person  a  legal  liability  for  the  support  of  another  where  no  such 
legal  duty  or  liability  existed  at  common  law,  and  is  taking  one  man's 
property  for  the  use  of  another  without  the  owner's  consent.  *  *  *  "it 
can  hardly  be  said  that  there  is  no  moral  duty  whatever  imposed  upon  a 
man  who  has  sufficient  financial  ability,  consistently  with  his  duty  to  him- 
self, and  to  others,  to  supply  the  necessaries  of  life  to  a  brother  -or  sister 
who  is  unable  to  earn  a  livelihood  in  consequence  of  bodily  infirmity,  idiocy, 
lunacy,  or  other  unavoidable  cause,  in  cases  where  such  brother  or  sister 
did  not  become  a  pauper  from  intemperance  or  other  bad  conduct.  This 
being  so,  our  statute  stands  upon  the  same  footing,  so  far  as  legal  principle 
is  involved,  that  the  statute  of  Elizabeth  stands  upon.  The  support  of  the 
poor  is  a  public  duty,  and  in  case  of  the  default  of  him  upon  whom  is  im- 
posed a  prior  duty  to  afford  such  support,  the  cost  of  providing  the  same 
will  be  upon  the  politic.  The  object  of  both  the  statute  of  Elizabeth  and  of 
our  existing  statute  is  to  protect  the  public  from  loss  occasioned  by  neglect 
of  a  moral  or  natural  duty  imposed  on  individuals,  and  to  do  this  by  trans- 
forming the  imperfect  moral  duty  into  a  statutory  and  legal  liability.  And 
the  right  of  the  legislative  department  of  government  to  change  an  imperfect 
duty  into  a  perfect  duty,  or  even  to  create  by  statute  a  new  legal  liability, 
has  been  recognized  from  time  immemorial." 

People  V.  Hill,  163  111.,  186,  189,  190. 

This  statute  would  seem  to  be  peculiarly  applicable  as  a  precedent  for 
legislation  providing  for  compulsory  compensation  for  industrial  injuries, 
at  least  50  per  cent  of  which  inevitably  occur,  if  the  business  is  to  be 
conducted  under  modern  conditions.  The  injuries  could  not  occur  but  for 
the  conduct  of  the  business  from  which  the  employer  makes  his  profit — 
and  it  might  therefore  with  reason  be  argued  that  all  that  is  sought  to 
be  done  by  a  compulsory  compensation  law,  is  to  "change  what  is  a  moral 
duty  into  a  legal  liability,  thus  lessening  a  public  burden,"  which  the  court 
in  the  Hill  case,  supra,  expressly  decides  the  Legislature  may  do. 

Again,  statutes  imposing  an  absolute  rule  of  liability  upon  railroad  com- 
panies fpr  injuries  to  passengers,  and  making  them  insurers  of  the  safety 
of  such  passengers,  have  been  sustained.  For  example,  the  statute  of 
Nebraska   (Complied  Laws  of  Nebraska,  1889,  sec.  3,  c.  72),  provides  that: 

"Every  railroad  company  as  aforesaid,  shall  be  liable  for  all  damages 
inflicted  upon  the  person  of  passengers  while  being  transported  over  its 
road  except  in  cases  where  the  injury  done  arises  from  the  criminal  negli- 
gence of  the  person  injured,  or  when  the  injury  complained  of  shall  be  the 
violation  of  some  express  rule~  or  regulation  of  said  road  actually  brought 
to  his  or  her  notice." 


4-2  BUREAU  OF  LAHOU  STATISTICS. 

This  Statute  was  sustained  by  the  Supreme  Court  of  the  United  States 
as  a  legitimate  exercise  of  the  State's  police  power.     The  Court  said: 

"Our  jurisprudence  affords  examples  of  legal  liability  without  fault,  and 
of  the  deprivation  of  property,  without  fault  being  attributable  to  its 
owner.  The  law  of  deodands  was  such  an  example.  The  personification 
of  the  ship  in  admiralty  law,  is  another.  Other  examples  are  afforded  in 
the  liability  of  the  husband  for  the  torts  of  the  wife — the  liability  of  the 
master  (to  third  persons)  for  the  acts  of  his  servants. 

"In  Missouri  Railway  Company  v.  Mackay,  127  U.  S.,  205,  a  statute  of 
Kansas  abrogating  the  common  law  rule  exempting  a  master  from  liability 
to  a  servant  for  the  negligence  of  a  fellow  servant,  was  sustained  against 
the  contention  that  such  statute  violated  the  fourteenth  amendment  of  the 
Constitution  of  the  United  States."  *  *  *  "it  seemed  to  the  able  judges 
who  decided  Coggs  v.  Bernard,  that  on  account  of  the  conditions  v/hich 
then  surrounded  common  carriers,  public  policy  required  responsibility  on 
their  part  for  all  injuries  to  and  losses  of  goods  intrusted  to  them,  except 
such  injuries  and  losses  which  occurred  from  the  acts  of  God  or  public 
enemies,  and  many  years  afterwards  Chancellor  Kent  praised  the  decision 
of  cases  which  declined  to  relax  the  rule  to  excuse  carriers  for  losses  by 
fire."  *  *  *  "The  common  law  doctrine  was  declared  by  Chief  Justice 
Holt,  in  Coggs  V.  Bernard,  to  be  'a  politic  establishment,  contrived  by  the 
policy  of  the  law  for  the  safety  of  all  persons,  the  necessity  of  whose 
affairs  obliges  them  to  trust  these  sorts  of  persons,  that  they  may  be  safe 
in  their  ways  of  dealing."  *  *  *  That  reason  may  not  apply  to  pas- 
sengers, but  other  reasons  do  which  arise  from  the  conditions  which  exist 
and  surround  modern  railroad  transportation,  and  which  may  be  consid- 
ered as  strongly  justifying  a  rule  of  responsibility  for  injury  to  passengers 
which  makes  sure,  as  the  common  law  rule  does,  that  responsibility  be  not 
avoided  by  excuses  which  do  not  exist,  or  the  disproof  of  which  might  be 
impossible." 

C,  R.  I.  &  P.  Railway  Company  v.  Zernecke,  185  U.  S.,  582,  586,  587. 

The  law  of  deodands,  from  the  Latin  Beo  clandum  (a  thing  to  be  given 
to  God),  was  a  rule  of  the  English  law  providing  that  any  personal  chattel 
which  was  the  immediate  occasion  of  the  death  of  any  creature,  should 
be  forfeited  to  the  Crown  to  be  applied  to  pious  uses  and  distributed  in 
alms  by  the  High  Almoner.     1  Hale,  P.  C,  419. 

Also,  in  St.  Louis,  etc..  Railroad  Company  v.  Matthews,  the  Federal 
Supreme  Court  says: 

"We  consider  this  to  be  a  statute  purely  remedial  and  not  penal.  Rail- 
road companies  acquire  large  profits  by  their  business,  but  their  business 
is  of  such  a  nature  as  necessarily  to  expose  the  property  of  others  to  danger. 
And  yet  on  account  of  their  great  accommodation  and  advantage  to  the  pub- 
lic, companies  are  authorized  by  law  to  maintain  them,  dangerous  though 
they  are,  and  so  they  cannot  be  regarded  as  a  nuisance.  The  manifest 
intent  and  design  of  this  statute,  we  think,  as  a  legal  effect,  are  to  afford 
some  indemnity  against  such  risk  to  those  who  are  exposed  to  it  and  to 
throw  responsibility  on  those  who  are  thus  authorized  to  use  a  somewhat 
dangerous  apparatus  and  who  realize  a  profit  from   it." 

St.  Louis,  etc..  Railroad  Company  v.  Matthews.  165  U.  S.,  1; 

See  also  Missouri  Ry.  Co.  v.  Mackey,  127  U.   S.,  205. 

The  Illinois  Legislature  many  years  ago  (1874)  provided  that  it  should 
not  be  lawful  for  any  common  carrier  to  limit  in  any  way  his  common 
law  liability  safely  to  deliver  property  received  for  carriage  by  any  sort 
of  stipulation  or  agreement,  and  the  same  provision  was  specifically  made 
to  cover  railroads  by  the  General  Railroad  Incorporation  Act  of  1891 

Kurd's  Rev.  Stat.,  1908,  chap.  27,  p.  485;    chap.  114,  p.  1679. 

It  would  not  seem  unreasonable  to  expect  the  State  to  exhibit  the  same 
anxiety  for  the  safety  of  employes  engaged  in  hazardous  trades,  and  to 
extend  to  them  the  protection  of  the  same  rule  of  responsibility  now  im- 
posea  for  the  protection  of  the  persons  and  propertv  transported  by  rail- 
road companies,  especially  when  v>-e  remember  that  the  common   law  rules 


LABOR    LEGISL.VTIOX    FORTY-SEVENTH    GEXERAL    ASSEMBLY.  4.3 

of  liability  generally  represented  an  attempt  to  establish  principles  which 
wouy  secure  justice  under  the  conditions  which  existed  at  the  time  of 
their  adoption,  which  conditions,  we  all  agree,  have  radically  changed. 

It  may  be  argued  that  the  analogy  is  not  perfect,  and  that  the  employe 
occupies  an  entirely  different  position  from  that  of  the  passenger  or  shipper, 
for  the  reason  that  he  is  not  bound  to  accept  the  employment  and  incur 
the  incidental  hazards  thereof  unless  he  sees  fit  to  do  so,  but  a  more  thought- 
ful consideration  of  the  real  relations  existing  between  the  employer  and 
the  employe  in  modern  industry,  suggests  that  the  employer  and  the  employe 
do  not  stand  upon  a  plane  of  equality  at  the  time  of  entering  into  the 
contract  of  hiring.  The  courts  are  beginning  to  recognize  this  actual  in- 
equality, and  there  would  seem  to  be  no  good  reason  v>'hy  it  should  not  be 
recognized  and  considered. 

The  Supreme  Court  of  the  United  States,  in  Holden  v.  Hardy,  in  sus- 
taining a  statute  of  the  State  of  Utah  providing  for  an  eight-hour  day  for 
workmen  in  underground  mines,  in  referring  to  this  inequality  between 
employer  and  employe,  says: 

"The  Legislature  has  also  recognized  the  fact,  which  the  experience  of 
Legislators  in  many  states  has  corroborated,  that  the  proprietors  of  these, 
establishments  and  their  operatives  do  not  stand  upon  an  equality,  and  that 
their  interests  are,  to  a  certain  extent,  conflicting.  The  former  naturally 
desire  to  obtain  as  much  labor  as  possible  from  their  employes,  while  the 
latter  are  often  induced  by  the  fear  of  discharge  to  conform  to  regulations 
whicn  their  judgment,  fairly  exercised,  would  pronounce  to  be  detrimental 
to  their  health  or  strength.  In  other  words,  the  proprietors  lay  down  the 
rules  and  the  laborers  are  practically  constrained  to  obey  them.  In  such 
cases  self-interest  if  often  an  unsafe  guide,  and  the  Legislature  may  prop- 
erly interpose  its  authority."     (p.  397.) 

Harbison  v.  Knoxville  Iron  Co.,  183  U.  S.,  13;    S.  C.  53,  S.  W.  955. 

Mr.  Tiedeman  discusses  this  matter  of  inequality,  as  follows: 

"If  the  legal  equality  which  is  often  declared  to  exist  between  employer 
and  employe  v>'as  a  reality  instead  of  a  legal  fiction,  the  laborer  would  not 
seek  legislative  interference  in  his  contractural  relations  with  the  employer 
more  actively  than  does  the  employer.  For  since  the  employet*  and  the 
employe  are  equally  guaranteed  the  liberty  of  making  common  law  con- 
tracts under  certain  proper  restrictions,  each  is  free  to  make  whatever 
contracts  he  sees  fit.  subject  only  to  such  reasonable  restrictions  as  are 
imposed  for  the  public  good.  If  such  legal  equality  were  a  reality,  the 
laborer  would  felicitate  himself  upon  his  constitutional  right  to  accept  or 
reject  the  terms  of  employment  which  were  proposed  to  him.  But  as  a 
matter  of  fact,  there  can  be  no  substantial  equality  between  the  man  who 
has  not  wherewith  to  provide  himself  with  food  and  shelter  for  the  current 
day,  and  one,  whether  you  call  him  capitalist  or  employer,  v>'ho  is  able  to 
put  the  former  into  a  position  to  earn  his  food  and  shelter.  The  employer 
occupies  a  vantage  ground  which  enables  him  in  a  majority  of  cases  to 
practically  dictate  the  terms  of  employment." 

1  Tiedeman  on  State  and  Federal  Control  of  Persons  and  Property,  pp. 
315-326. 

The  Supreme  Court  of  Kansas  in  a  recent  case  characterizes  this  doctrine 
of  equality  in  the  follov.ing  vigorous  language:  "The  liberty  of  the  wage 
earner  to  contract  for  extra  pay  for  extra  hazard  and  to  seek  some  other 
employment  if  he  does  not  like  his  master's  methods,  is  a  myth,  or,  as  has 
been  said,  'a  heartless  mockery.'  "     Caspar  v.  Lewin,  109  So.  Rep..  667. 

It  will  therefore  be  seen  that  the  courts  have  construed  this  sort  of 
legislation  (viz:  limiting  the  hours  of  labor  qf  employes,  providing  that 
the  employe  be  paid  in  cash  instead  of  the  employers'  store  orders,  etc.), 
as  an  effort  on  the  part  of  the  Legislature  to  realize  a  new  ideal  of  social 
justice,  consisting  of  fhe  neutralization  of  Ihe  natural  inequalities  exist- 
ing today  between  employer  and  employe,  by  the  governmental  power  of  the 
State. 

See  Holden  v.  Hardy,  169  U.   S.,  366; 

Dayton  Iron   Co.  v.  Barton,   183  U.  S.,   23; 


44  BUREAU    OF    LABOR    STATISTICS. 

A.  T.  &  S.  F.  R.  R.  Co.  V.  Matthews,  174  U.  S.,  96; 

Muller  V.  Oregon,  208  U.  S.,  412; 

St.  Louis,  etc.,  R.  Co.  v.  Paul,  173,  U.  S.,  404. 

It  is  of  course  true  that  a  large  part  of  the  legislation  of  this  character 
has  been  directed  against  transportation  companies,  and  there  are  undoubt- 
edly more  legitimate  reasons  for  extensive  State  regulation  of  a  business 
which  is  generally  acknowledged  to  be  extra  hazardous,  than  for  regu- 
lating some  of  the  less  dangerous  industries,  but  legislation  of  this  sort 
has  not  stopped  v/ith  railroad  companies  alone,  but  has  been  extended  to 
'corporations  generally.  Tlie  co-employe  act  of  the  state  of  Colorado  abro- 
gates the  fellow  servant  rule,  and  practically  makes  the  master  liable  in 
damages  to  his  servant  for  every  injury  which  he  may  sustain  in  the  course 
of  his  employment,  except  where  the  servant  is  contributorily  negligent. 
The  Supreme  Court  of  Colorado,  in  sustaining  this  Act,  says: 

"For  the  purpose  of  providing  for  the  safety  and  protection  of  employes 
in  the  service  of  a  common  employer,  the  law-making  power  has  the  un- 
doubted authority  to  abrogate  the  exception  to  the  general  rule  of  respondent 
superior  in  favor  of  the  employer,  and  make  him  liable  to  one  of  his  employes 
-for  damages  caused,  by  the  negligence  of  another  employe  while  acting 
within  the  scope  of  his  employment,  regardless  of  the  fact  that  slich  employes 
are  fellow  servants.  Dryburg  v.  Merker,  G.  M.  &  M.  Co.,  55  Pac.  (Utah) 
367;  Mo.  Pac.  Ry.  Co.  v.  Mackey,  127  U.  S.,  205." 

V.  C.  G.  M.  V.  Firstbrook,  36  Colo.,  498,  512. 

The  exercise  of  this  inherent  power  of  sovereignty  is  frequently  illus- 
trated in  the  acts  of  the  public  authorities  iii  preventing  great  disaster  or 
in  averting  great  public  inconvenience  or  injury. 

No  property  is  more  sacred  than  one's  home,  and  yet  a  person's  private 
residence  may  be  pulled  down  or  blown  up  by  the  public  authorities  if 
necessary  to  avert  or  stay  a  general  conflagration,  and  this,  too,  without 
any  recourse  against  such  authorities  for  the  trespass. 

Bov/ditch  V.  Boston,  101  U.   S.,  16. 

Sentell  v.  New  Orleans,  etc.,  166  U.  S.  698. 

Other  instances  of  the  kind  are  found  in  the  power  to  kill  diseased  cattle, 
to  destroy  infected  goods  or  obscene  books  or  pictures  or  gambling  instru- 
ments (Oilman  v,  Philadelphia,  3  Wall.,  713,  730),  and  in  Lawton  v.  Steele, 
152  U.  S.,  133,  it  was  held  to  be  within  the  police  powers  of  a  state  to  order 
the  summary  destruction  of  fishing  nets,  the  use  of  which  was  likely  to 
result  in  the  extinction  of  valuable  fisheries  within  the  waters  of  the  State. 

The  Federal  Court  has  said  that: 

"The  settled  rule  of  this  court  is  that  the  mere  fact  of  pecuniary  injury 
does  not  warrant  the  overthrow  of  legislation  of  a  police  character." 

L'Hote  V.  New  Orleans,  177  U.  S.,  587. 

While  the  industries  conducted  in  the  State  of  Illinois  in  which  men 
are  frequently  maimed  and  killed  in  the.  course  of  their  employment,  are 
not,  of  course,  properly  classed  as  nuisances,  it  is  perhaps  true  that  a 
great  many  of  them  would  be  so  considered,  except  for  the  public  necessity 
and  general  good,  which  are  their  justification.  Were  it  not  for  these 
elempnts  of  public  necessity  and  general  welfare,  many  of  the  extra  hazard- 
ous industries,  as  now  conducted,  might  be  summarily  suppressed  by  the 
State  in  the  interest  of  public  safety.     In  the  language  of  Judge  Cooley: 

"Many  things  are  nuisances  because  they  threaten  calamity  to  the  per- 
sons or  property  of  others,  and  thereby  cause  injury  though  the  calamity 
feared  may  never  befall." 

Cooley  on  Torts  (1888)   pp.  722,  724. 

The  police  power  is  as  broad  and  plenary  as  the  taxing  power  (Coe  v. 
Errol,  116  U.  S.,  517),  and  properly  within  the  State  is  subject  to  the  opera- 
tion of  the  former  so  long  as  it  is  within  the  regulating  restrictions  of  the 
latter  (Kidd  v.  Peirson,  28  U.  S.,  1).  And  public  charity,  such  as  aid  to 
the  unfortunate  classes,  and  matters  of  public  health,  have  been  held  to 
constitute  a  public  purpose  authorizing  taxation. 


LABOR    LEGISLATION    FORTY-SEVEXTH    GENERAL   ASSEMBLY.  45 

Booth  V.  Woodbury,  32  Conn.,  118. 

St.  Mary's  v.  Brown,  45  Md.,  310. 

Solomon  v.  Tarver,  52  Ga.,  405. 

Anderson  v.  Kerns,  14  Ind.,  199. 

It  would  seem  that  by  analogy  to  this  power  of  taxation  the  State  might 
properly  impose  a  burden  upon  a  hazardous  industry  to  be  borne  in  the 
first  instance  by  the  owner  thereof,  and  shifted  by  him  to  the  consumer  in 
the  form  of  an  increased  price  for  the  product,  when  the  immediate  per- 
sons engaged  in  carrying  on  such  industry  and  their  dependents  are  ofttimes 
reduced  to  a  state  of  pauperism,  and  thus  made  objects  of  public  charity 
under  the  present  system  of  compensation  for  industrial  accidents.. 

Finally,  to  quote  from  Professor  Freund  in  his  work  on  the  Police  Power: 

"The  principle  that  inevitable  loss  should  be  borne,  not  by  the  person  on 
whom  it  may  happen  to  fail,  but  by  the  person  who  profits  by  the  dangerous 
business  to  which  the  loss  is  incident,  embodies  a  very  intelligible  idea  of 
justice.  *  *  *  The  system  being  responsible  for  the  loss,  why  should  it 
not  be  constitutional  to  distribute  the  loss  among  the  beneficiaries  of  thd 
system?  *  *  *  In  a  large  sense  the  community  is  certainly  interested  in 
averting  sudden  and  unexpected  losses,  as  well  as  the  destitution  following 
from  sickness  and  disease,  and  the  distribution  of  these  losses  over  a  large 
number  through  insurance  is  a  legitimate  end  of  the  governmental  policy. 
There  is  no  warrant  for  denying  the  State  the  power  to  adopt  compulsory 
measures  for  the  purpose." 

Freund  on  Police  Power,  sec.  435,  437. 

II — TBIAL  BY   JURY. 

Undoubtedly  the  gravest  constitutional  difficulty  in  the  way  of  adopting 
a  compulsory  compensation  law  are  provisions  of  our  constitution.  Federal 
and  State,  preserving  to  all  men  the  right  of  trial  by  jury. 

The  seventh  amendment  to  the  Constitution  of  the  United  States  provides: 

"In  suits  at  common  law  where  the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved."     *     *     * 

Article  II  of  the  Illinois  Constitution,  provides: 

"Sec.  5.  The  right  of  trial  by  jury  as  heretofore  enjoyed,  shall  remain 
inviolate."     *     *     * 

"Sec.  13.  Private  property  shall  not  be  taken  or  damaged  for  the  public 
use  without  just  compensation.  Such  compensation,  when  not  made  by  the 
State,  shall  be  ascertained  by  a  jury  as  prescribed  by  law." 

It  will  be  readily  seen  that  were  it  not  for  the  reservation  of  this  right 
of  a  jury  trial,  all  other  objections  relating  to  due  process  of  law,  etc., 
would  vanish  away,  because  the  Legislature,  in  providing  a  new  statutory 
remedy  for  an  existing  condition,  might  also  provide  a  statutory  proceeding, 
sufficient  in  itself,  for  enforcing  the  liabilities  and  securing  the  benefits  of 
such  a  statute.  And  while  the  constitutional  provisions  quoted  silpra,  were 
not  intended  to  and  did  not  confer  any  new  right  of  trial  by  jury,  but 
merely  preserved  the  right  as  it  existed  at  the  time  of  the  adoption  of  the 
Constitution  (Whitehurst  v.  Coleen,  53  111.,  247),  yet  all  actions  for  damages 
for  wrongs  to  person  or  property,  were  triable  by  jury  at  common  law,  and 
were  and  are  within  the  application  of  the  constitutional  provisions  above 
quoted. 

24  Cyc.  108. 

It  has  been  contended  that  a  compensation  law,  being  in  the  nature  of 
a  new  statutory  remedy,  would  not  properly  be  subject  to  the  objection  that 
it  deprived  any  person  of  the  right  of  trial  by  jury,  if  such  law  included 
within  its  terms  a  sufficient  and  adequate  stautory  method  of  enforcing 
the  provisions,  either  by  arbitration  or  a  trial  by  the  court  without  the 
intervention  of  a  jury.  As  stated  by  Judge  Brannon:  "It  (the  fourteenth 
amendment)  does  not  prohibit  a  state  from  future  new  legislation,  action 
or  proceedings  necessary  in  its  judgment  in  the  administration  of  its  govern- 


46  BUREAU    OF    LABOR    STATISTICS. 

ment,  so  long  as  it  bears  alike  on  all  similarly  circumstanced  and  be  not 
unusual,  oppressive  or  arbitrary  action  assailing  the  essential  rights  of  the 
person." 

Brannon  on   fourteenth  amendment,  page  143,  144. 

(See  also,  as  bearing  indirectly  upon  this  proposition: 

Martin  v.  Pittsburg,  etc.  Co.,  203  U.   S.,  284.) 

I  am  of  the  opinion,  however,  that  inasmuch  as  this  right  of  action  for 
personal  wrongs  was  a  common  law  right  and  triable  by  jury  at  the  time 
of  the  adoption  of  the  Constitution,  it  is  within  the  application  of  the  con- 
stitutional provision,  and  that  a  general  compensation  law  would  as  effect- 
ually take  away  that  constitutional  right,  as  would  a  direct  statute  ex- 
pressly abrogating  the  right  of  trial  by  jury  in  tort  cases  between  master 
and  servant. 

The  general  terms  "due  process  of  lav/,"  which  the  constitutions  do  not 
even  attempt  to  define,  are  susceptible  of  a  good  deal  of  extension  and  en- 
largement by  construction,  and  can  be  interpreted  in  such  a  manner  as  to 
embrace  all  reasonable  police  regulations  which  changing  conditions  seem 
to  warrant — but  the  right  of  "trial  by  jury"  can  mean  but  one  thing,  and 
the  constitutional  provision  preserving  it  is  singularly  inelastic,  and  it  has 
practically  the  same  scope  today  that  it  had  when  the  constitution  was 
adopted. 

(a)     Some  limitations  on  the  right  of  trial  by  jury. 

At  the  outset  it  may  be  noted  that  the  right  of  trial  by  jury  was  not 
guaranteed  in  express  terms  by  Magna  Charta,  but  the  provisions  that  no 
freeman  should  be  hurt  in  either  his  person  or  property,  unless  by  the 
lawful  judgment  of  his  peers,  or  by  the  law  of  the  land,  was  so  construed. 

Profatt  Jury  Tr.,  sec.  24. 

Of  course,  after  the  controversy  arises,  the  parties  to  the  suit  may  waive 
their  right  to  a  jury  and  submit  the  questions  in  controversy  to  the  decision 
of  the  court,  in  which  case,  the  court  obtains  its  power  to  try  the  issues  of 
fact  wholly  from  the  agreement  of  the  parties. 

Traverse  v.  Wormer,  13  111.,  App.  39. 

Indeed,  our  statute  provides  that  "In  all  cases  in  any  court  or  record  in 
this  State,  if  both  parties  shall  agree,  both  matters  of  law  and  fact  may  be 
tried  by  the  court." 

Kurd's  Rev.  Stat.,  1908,  page  1628,  sec.  60. 

It  has  been  held  that  the  provisions  of  the  Federal  Constitution  apply 
only  to  the  Federal  Courts,  and  that  the  states  may,  if  they  choose,  provide 
for  the  trial  of  civil  cases  in  the  State  courts  without  the  intervention  of  a 
jury,  provided,  of  course,  that  they  shall  not  transcend  the  express  limita- 
tions which  they  have  placed  upon  themselves  in  their  respective  State 
constitutions. 

Cooley's  Con.  Lim.,  6th  Ed.,  pages  29,  30. 

Keith  V.  Henkleman,  173  111.,  137. 

Spies  V.  Illinois,  123  U.  S.,  131. 

24  Cyc,  103. 

The  right  of  the  jury  trial  in  the  State  court  is  not  a  privilege  or  im- 
munity of  national  citizenship  which  the  fourteenth  amendment  prohibits 
the  State  from  abridging;  it  only  defends  such  privileges  or  immunities  as 
arise  from  and  are  incident  to  national  citizenship  as  such. 

Brannon  on   Fourteenth  Amendment,   page   82. 

The  control  of  questions  relating  to  public  health  was  ordinarily,  before 
the  adoption  of  the  Constitution,  vested  in  boards  or  officers  who  were 
authorized  to  proceed  in  a  summary  manner  without  the  intervention  of 
a  jury,  and  such  cases,  therefore,  not  coming  within  the  application  of  the 
constitutional  provision,  do  not  now  call  for  or  require  a  jury  trial 

24- Cyc,  130. 

Metropolitan  Bd.   of  Health   v.   Heister,   37  N.  Y.,   661. 

We  have  also  seen  that  the  State  and  its  agencies  may  take  or  injure 
the  property  of  a  person  in  times  of  great  neeessity  or  danger  in  a  summary 


LAJ{()1{    LKGISl^VTIOX    FOKTY-SEVEXTir    GEX'KItAL    ASSEMBLY.  47 

manner  without  any  due  process  of  la\v  or  trial  of  any  kind,  and  without 
compensation  to  the  person  injured,  when  the  general  safety  or  welfare  of 
the  people  requires  it. 

The  Constitution  of  the  state  of  California  authorizes  prosecutions  for  fel- 
onies by  information  without  indictment  by  a  grand  jury  in  the  discretion 
of  the  Legislature.  The  penal  code  of  the  State  following  the  constitutional 
authority  makes  provision  for  the  prosecution  of  felonies  by  information  and 
dispenses  with  the  indictment  by  a  grand  jury.  In  sustaining  this  legislation 
under  the  California  Constitution,  .the  Supreme  Court  of  the  United  States 
said: 

-Any  legal  procedure,  enforced  by  public  authority,  whether  sanctioned 
by  age  and  custom  or  newly  devised  in  the  discretion  of  the  Legislature  in 
furtherance  of  the  general  public  good,  must  be  held  to  be  due  process  of 
law." 

Hurtado  v.  California,  110  U.  S.,  537. 
See  also  in  re  Debs,  158  U.  S.,  564. 

We  have  also  seen  that  pauper  acts,  imposing  a  liability  for  the  support 
of  indigent  relatives,  when  there  was  no  common-law  duty  of  support,  are 
held  to  be  legal,  and  not  an  infringement  of  any  constitutional  right.  In 
addition  to  the  quotation  made  supra  from  People  v.  Hill,  163  111.,  186,  the 
court  said,  with  reference  to  the  right  of  trial  by  jury: 

'•The  legal  liability  imposed  is  statutory,  and  the  statute  fixes  the  pro- 
cedure by  means  of  which  the  liability  is  to  be  enforced.  *  *  *  This  pro- 
cedure'may  not  be  in  strict  conformity  with  that  provided  by  the  English 
statute  or  that  provided  in  some  other  states,  but  it  is  not  necessarily  in- 
valid on  that  account.  It  is  a  statutory  liability,  and  there  is  no  reason 
why  the  procedure  for  its  enforcement  cannot  be  provided  for  in  the  statute 
fixing  the  liability.  We  are  unable  to  see  that  the  method  of  procedure 
adopted  violates  any  constitutional  right  of  appellee.  It  is  suggested  that  it . 
deprives  him  of  the  right  of  trial  by  jury.  It  is  only  the  right  of  trial  by  jury 
'as  heretofore  enjoyed'  that  section  5  of  article  II  of  the  Constitution  pro- 
vides 'shall  remain  inviolate.'  This  section  was  not  intended  to  confer  the 
right  of  jury  trial  in  any  class  of  cases  where  it  had  not  previously  existed, 
nor  was  it  intended  to  introduce  it  into  special  summary  jurisdictions  un- 
known to  the  common-law  and  which  do  not  provide  for  that  rqode  of  trial. 
Ward  V.  Farwell,  97  111.,  593;  Cooley's  Const.  Lim.  (6th  Ed.)  504,  and  au- 
thorities cited  in  note  2." 

People  V.  Hill,  163  111.,  186,  192,  193. 

In  my  judgment,  this  legislation  presents  the  farthest  extreme  to  which 
the  State  of  Illinois  has  gone  in  limiting  the  right  of  trial  by  jury,  and  it 
finds  its  only  justification  in  the  statement  by  the  court  that  the  Legislature 
may,  in  the  exercise  of  the  police  power,  change  what  is  a  moral  duty  into 
a  legal  liability,  thus  lessening  a  public  burden. 

There  are  a  great  many  other  cases  in  which  the  right  of  trial  by  jury 
has  either  been  limited  or  entirely  denied,  such  as  confessing  of  a  judgment, 
entering  into  a  recognizance,  giving  a  mortgage,  v/hich,  when  recorded,  may 
be  enforced  by  scire  facias,  the  imposition  of  taxes  or  assessments,  the  fixing 
of. the  amount  of  liability  under  a  cost  bond,  cases  in  chancery,  etc.  It  is 
also  the  usual  practice,  in  most  of  the  states,  to  assess  damages  for  the  tak- 
ing of  a  right  of  way,  without  the  intervention  of  a  jury,  and  the  Supreme 
Court  of  Pennsylvania  has  held  a  law  constitutional  which  provided  for 
assessing  damages  in  the  case  of  property  destroyed  by  mobs,  by  an  inquest 
of  six  men  on  inspection  out  of  court.  The  decision  is  based  on  the  ground 
that  the  constitutional  guaranty  of  the  right  of  trial  by  jury  applies  to 
the  trial  of  issues  in  court,  and  not  to  an  assessment  of  damages  out  of 
court. 

Ross  V.   Irving,   14   111..   170,   181. 

In  the  matter  of  the  Pennsylvania  Hall,  5  Barr.,  204. 

In  my  judgment,  there  would  be  nothing  inconsistent  with  any  theory  of 
natural  justice  in  taking  away  the  right  of  trial  by  jury,  so  far  as  the  ser- 
vant is  concerned,  in  cases  where  the  injury  occurs  through  the  negligence 
of   an    agent    or   employe    of    the    master,    believed    reasonably    and    in    good 


48  BUREAU   OF    LABOR   STATISTICS. 

faith  by  the  master  to  have  been  competent  at  the  time  of  hiring.  In  other 
words,  the  doctrine  of  respondeat  superior  in  cases  of  tort  by  an  agent  or 
servant  of  the  master,  might  be  abrogated  and  the  doctrine  of  compulsory 
compensation  substituted  by  legislative  enactment  in  such  cases. 

In  all  cases  where  the  injury  results  from  the  direct  negligence  or  inten- 
tional act  of  the  master,  the  servant  would  seem  to  have  a  clear  right  to 
his-  common  law  remedies  against  him,  including  the  trial  by  jury.  The 
extension  of  the  liability  of  the  master,  hov>'ever,  to  cover  the  negligent  acts 
of  a  servant  or  agent,  is  a  comparatively  recent,  judge-made  privilege  given 
to  the  employe,  and  what  has  thus  been  given  him,  might  in  reason  be  taken 
away,  in  the  exercise  of  the  reasonable  police  power  of  the  State. 

Even  this  opinion,  however,  is  clouded  by  the  consciousness  that  the 
doctrine  of  respondent  superior,  and  the  employe's  rights  thereunder  existed 
at  the  time  of  the  adoption  of  the  constitutional  provision,  and  might  there- 
fore be  held  to  be  within  its  application. 

(b)     Arbitration. 

It  is  obvious  that  one  of  the  main  purposes  of  an  automatic  compensation 
law  is  to  avoid,  so  far  as  possible,  the  delay  and  expense  incident  to  the  ordi- 
nary court  proceedings  for  the  recovery  of  damages  for  personal  injuries. 
It  would  therefore  seem  wise  to  include  in  any  compensation  scheme  a  pro- 
vision for  the  arbitration  of  any  differences  which  might  arise  between 
employer  and  employe,  if  a  feasible  plan  therefor  could  be  devised. 

In  considering  the  applicability  of  the  principles  of  arbitration  to  a  com- 
pulsory compensation  plan  it  should  be  observed  that  the  arbitration  method 
of  settling  disputed  points  may  be  provided: 

1.  By  agreement  of  the  parties;  and, 

2.  By  legislative  enactment. 

It  would  undoubtedly  be  quite  proper  for  the  Legislature  to  provide  that 
the  parties  interested  in  any  claim  for  compensation  might  voluntarily  agree 
to  arbitate  any  differences  which  might  arise  between  them. 

As  a  general  rule,  agreements  to  refer  disputes  to  arbitration  present  am 
example  of  what  the  common  law  regarded  as  attempts  to  oust  the  jurisdic- 
tion of  the  courts  and  therefore  against  public  policy.  The  reason  for  the 
rule  adopted  by  the  courts  is  by  some  traced  to  the  jealousy  of  the  courts 
and  to  a  desire  to  repress  all  attempts  to  encroach  on  the  exclusiveness  of 
their  jurisdiction;  and  by  others  to  an  aversion  of  the  courts,  from  reasons 
of  public  policy,  to  sanction  contracts  by  which  the  protection  which  the 
law  affords  the  individual  citizen  is  removed.  But  whatever  may  be  the 
reason,  it  is  a  well-established  rule  of  the  common  law  that  a  clause  in  an 
agreement  or  a  separate  agreement  that  any  or  all  disputes  which  may 
arise  thereunder  shall  be  referred  to  an  arbitrator  or  arbitrators  is  unen- 
forcible,  as  an  attempt  to  oust  the  courts  of  jurisdiction,  and  either  party 
may  have  recourse  to  the  courts  without  carrying  out  his  agreement  to  refer. 
There  is  a  strong  tendency  in  modern  times  to  relax  the  common  law  rule, 
and  in  some  states  the  settlement  of  disputes  by  arbitration  is  permitted 
by  statute.  Such  a  statute  is  in  force  in  the  State  of  Illinois.  (Kurd's  Rev. 
Stat.,  1902,  chap.  10). 

There  is  also  a  qualification  made  in  the  modern  decisions,  following  an 
English  case,  which  is  this:  That  it  is  not  illegal  for  parties  to  agree 
to  arbitration  as  a  condition  precedent  to  suit,  with  respect  to  the  mode 
of  settling  the  amount  of  damages  or  the  time  of  paying  it  or  any  matters 
of  that  kind,  that  do  not  go  to  the  root  of  the  action,  and  that  if  an  agree- 
ment does  not  deprive  a  person  absolutely  of  his  right  to  sue,  but  only 
renders  it  a  condition  precedent  that  the  amount  to  be  recovered  shall  first 
be  ascertained  by  a  committee  of  arbitrators,  such  an  agreement  is  held 
not  to  be  an  attempt  to  oust  the  courts  of  their  jurisdiction. 

9  Cyc,  511-513. 

Niagara  Fire  Ins.  Co.  v.  Bishop,  154  111.,  1. 

\vhere  the  Legislature,  however,  expressly  authorizes  the  submission  of 
disputes  to  arbitration  by  the  agreement  of  the  parties,  a  reference  thereof 
would  probably  not  be  held  to  be   an  attempt  to  oust   the   courts   of  their 


LABOR   LEGISLATION   FORTY-SEVENTH    GENERAL   ASSEMBLY.  49 

jurisdiction.  An  agreement,  pursuant  to  legislative  authority,  would  be 
viewed  differently^  by  the  courts  than  the  voluntary  individual  action  of  the 
parties. 

The  right  of  the  Legislature  to  compel  a  reference  to  arbitrators,  of  ques- 
tions in  dispute  between  master  and  servant  is  a  question  of  more  serious 
difficulty.  The  constitution  extends  the  right  of  trial  by  jury  "to  all  cases 
at  law."  There  can  be  no  pretense  that  a  claim  for  damages  for  acci- 
dental injury  is  not  a  case  at  law  in  the  constitutional  sense,  and  it  is 
therefore  beyond  the  power  of  the  Legislature,  in  my  judgment,  to  compel 
either  the  employer  or  the  employe  to  forego  his  right  to  a  jury  trial  in 
such  cases. 

Bullock  V.  Geomble,  45  111.,  218,  22. 

State  V.  Devine,  98  N.  C,  778. 

St.  L.,  L  M.  &  S.  Ry.  v.  Williams,  49  Ark.,  492. 

Indeed,  the  clear  weight  of  authority  seems  to  be  that  a  compulsory 
reference,  unless  authorized  prior  to  the  adoption  of  the  constitution,  of  a 
purely  legal  cause  of  action,  against  the  consent  of  the  parties,  is  an  infringe- 
ment of  the  right  of  trial  by  jury. 

24  eye,  178,  179. 

A  compulsory  reference,  however,  in  the  first  instance,  with  the  right 
reserved  to  either  party  to  demand  a  jury  in. case  he  is  dissatisfied  with 
the  report  or  award,  is  not  an  infringement  of  the  constitutional  right. 

24  Cyc,  179. 

Copp  V.  Henniker,  55  N.  H.,  179. 

Any  compulsory  compensation  law,  therefore,  in  order  to  be  safe,  should, 
in  my  judgment,  preserve  the  right  of  both  master  and  servant  to  a  trial 
by  jury,  whether  or  not  there  is  any  likelihood  of  either  availing  himself 
of  his  constitutional  privilege  in  that  respect,  because,  so  long  as  the  right 
exists,  either  party  might  be  tempted  to  avail  himself  of  the  opportunity 
of  having  the  statute  nullified  by  the  courts,  in  order  to  avoid  the  operation 
of  the  compensation  law. 

III.       CXASSIFICATIOX    OF    INDUSTRIES. 

Every  one  ha^s  a  right  to  demand  that  he  be  governed  by  general  rules, 
and  a  special  statute  which,  without  his  consent,  singles  his  case  out  as 
one  to  be  regulated  by  a  different  law  from  that  which  is  applied  to  all 
other  similar  cases,  would  not  be  legitimate  legislation,  but  would  be  an 
arbitrary  mandate,  not  v/ithin  the  province  of  a  free  government. 

Those  who  make  the  laws  "are  to  govern  by  promulgated,  established 
laws,  not  to  be  varied  in  particular  cases,  but  to  have  one  rule  for  rich 
and  poor,  for  the  favorite  at  court  and  the  countryman  at  plough." 

Locke  on  Civil  Government,  sec.  142. 

Bernier  v.  Russell,  89  111.,  60. 

Strauder  v.  West  Va.,  100  U.  S.,  303. 

This  is  a  maxim  of  constitutional  \kw,  and  by  it  we  may  test  the  authority 
and  binding  force  of  legislative  enactments.  Doubts  frequently  arise  as 
to  whether  a  regulation,  made  for  any  one  class  of  citizens,  apparently 
somewhat  arbitrary  in  its  character,  and  restricting  their  rights  and  privi- 
leges in  a  manner  unknown  to  the  law,  can  be  sustained  notwithstanding 
their  generality.  Distinctions  in  these  respects  must  rest  upon  some  reason 
upon  which  they  can  be  defended. 

Cooley's  Const.  Lim.   (7th  Ed.),  559-561. 

The  Constitution  of  the  State  of  Illinois  provides: 

"Article  IV,  Sec.  22.  The  General  Assembly  shall  not  pass  local  or  special 
laws  in  any  of  the  following  enumerated  cases,  that  is  to  say:  *  *  ♦ 
Granting  to  any  corporation,  association  or  individual  any  special  or  exclu- 
sive privilege,  immunity  or  franchise  whatever. 

*     *     * 

Regulating  the  practice  in  courts  of  justice. 
— 4  LL 


50  BUREAU    OF    LABOR    STATISTICS. 

In  all  Other  cases  where  a  general  law  can  te  made  applicable  no  special 

law  shall  be  enacted." 

*     *     * 

"Article  II,  Sec.  19.  Every  person  ought  to  find  a  certain  remedy  in 
the  laws  for  all  injuries  and  wrongs  which  he  may  receive  in  his  person, 
property  or  reputation." 

The  Federal  Constitution 'provides,  in  the  fourteenth  amendment,  section 
1,  that: 

"No  state  shall  make  or  enforce  any  law  which  shall  abridge  the  privi- 
leges or  immunities  of  citizens  of  the  United  States  *  *  *  nor  deny  to 
any  person  within  its  jurisdiction  the  equal  protection  of  the  laws." 

A  mandatory  statute,  made  expressly  applicable  to  all  employers  of  labor, 
might  be  held  unreasonable  by  the  courts,  for  manifestly  a  large  number 
of  the  small  industries  of  the  State  involve  no  particular  hazard  to  the  em- 
ploye, and  it  is  a  fundamental  principle  that  any  exercise  of  the  police  power 
of  the  State  must  be  reasonable,  in  view  of  the  conditions  which  the  legisla- 
tion alTects. 

On  the  other  hand,  it  is  also  well  established  that  the  mere  declaration 
by  the  Legislature  that  certain  industries  are  hazardous,  does  not  make 
them  so  as  a  matter  of  law,  and  it  remains  for  the  court  to  determine 
whether  any  classification,  made  on  the  basis  of  the  hazards  of  the  trade. 
is  a  reasonable  one,  and  has  a  direct  relation  to  the  end  apparently  sought 
to  be  attained. 

Ritchie  v.  People,  155  111.,  98. 

Without  going  into  an  extensive  review  of  the  authorities  on  the  sub- 
ject, suflSce  it  to  say  that  any  classification,  made  on  the  basis  of  the  dangers 
incident  to  the  industries,  is  fraught  with  grave  peril,  in  view  of  the  deci- 
sions of  the  Supreme  Court  of  the  State  of  Illinois.  Any  discrimination 
against  one  class  of  workmen  and  in  favor  of  another  class  would  undoubt- 
edly be  held  unconstitutional.     - 

Starne  v.  People,  222  111.,  189. 

In  this  case  the  Supreme  Court  held  that  the  Act  of  1903  (Laws  of  1903, 
p.  252),  requiring  mine  owners  to  provide  a  washroom  at  the  top  of  each 
mine,  for  the  use  of  employes,  places  upon  mine  owners  a  burden  not  borne 
by  other  employes  of  labor,  and  discriminates  in  favor  of  mining  employes 
against  laborers  engaged  in  other  occupations,  and  is  special  legislation, 
notwithstanding  the  fact  that  it  applied  generally  to  some  70,000  miners 
in  the  State  of  Illinois  and  operated  alike  upon  all  persons  included  in 
that  class. 

It  has  also  been  held  that  a  statute  applying  only  to  mines,  which  ship 
their  coal  by  rail  or  water,  requiring  the  weighing  of  all  coal  mined,  in 
determining  the  payment  therefor,  is,  on  account  of  such  classification, 
unconstitutional.  (Harding  v.  People,  160  111.,  459.)  It  is  also  held  that  a 
regulation  of  the  sale  of  goods  of  mining  and  manufacturing  corporations 
alone,  is  unconstitutional,  as  special  legislation.  (Frorer  v.  People,  141 
111.,  171.) 

This  stringent  rule  in  regard  to  class  legislation  does  not  obtain  in  the 
State  of  New  York,  where  they  have  recently  adopted  a  limited  compulsory 
compensation  law,  applying  to  hazardous  trades  only,  but  it  will  be  readily 
seen  from  the  above  decisions,  that  it  would  be  exceedingly  dangerous  to 
attempt  any  classification  whatever  with  reference  to  a  change  in  the 
common  law,  so  radical  in  its  nature  as  any  compulsory  compensation 
system   must  necessarily  be. 

Our  Supreme  Court  and  the  Supreme  Court  of  the  United  States  have 
both  sustained  the  classification  adopted  in  the  statute  regulating  mines 
and  mining,  which  applies  to  coal  mines  "where  more  than  five  men  are 
employed  at  any  one  time."  This  is  a  species  of  classification  which  the 
Legislature  is  at  liberty  to  adopt,  provided  it  be  not  wholly  arbitrary  or 
unreasonable. 

St.  Louis  Cons.  Coal  Co.  v.  Illinois,  185  U.  S.,  203,  207;   S.  C.  186  111.,  134. 

See,  also: 

Lasher  v.  People,  183  111.,  226. 


LABOR    LEGISLATION    FORTY-SEVENTH    GENERAL   ASSEMBLY.  51 

And  it  would  seem  that  such  a  classification,  exempting  the  small  manu- 
facturer from  the  operation  of  the  law,  which  would  undoubtedly  be  burden- 
some to  him,  would  be  considered  reasonable,  in  view  of  the  precedents 
above  cited. 

The  Remedy. 

Viewed,  therefore,  as  a  matter  of  safe  and  practical  legislation,  I  would 
recommend  a  bill,  compulsory  in  form,  but  elective  in  fact,  and  with  a 
classification  either  embracing  all  industries  or  all  those  where  five  or  more 
persons  are  employed  at  any  one  time.  By  compulsory  in  form  and  elective 
in  fact,  I  mean  a  bill  providing  in  general  terms  for  the  payment  of  compen- 
sation for  all  industrial  accidents  upon  the  basis  of  the  scale  to  be  included 
in  the  Act,  such  bill,  however,  to  contain  a  provision  reserving  to  both 
employer  and  employe  their  rights  at  common  law,  with  the  proviso  as  to 
the  employer  that  if  he  pursues  his  common  law  remedies  his  common  law 
defenses  shall  be  limited  (the  limitations  to  be  fixed  by  the  Act),  and  with 
the  further  proviso  as  to  the  employe  that  he  shall  be  presumed  to  have 
accepted  the  compensation  plan  unless  he  expressly  contracts  to  the  con- 
trary, and  that  any  acceptance  by  him  of  compensation  at  common  law  shall 
bar  him  from  all  benefits  to  the  compensation  provided  by  the  Act.  Or  it 
might  be  made  elective  in  form,  with  the  same  penalties  to  follow  an  election 
not  to  pay  the  compensation  provided. 

It  will  be  observed  that  this  plan  would  secure  to  both  parties  their 
constitutional  rights  of  due  process  of  law  and  trial  by  jury,  with  a  penalty 
added  for  the  purpose  of  inducing  them  to  forego  such  rights  and  accept 
the  statutory  compensation. 

I  am  of  the  opinion  that  this  plan  of  limitation  upon  the  common  law 
rights  of  the  parties  may  be  properly  included  in  the  form  of  a  proviso 
in  the  Compensation  Act  without  violating  that  provision  of  the  Constitution, 
which  provides  that  no  Act  shall  embody  more  than  one  subject,  which 
shall  be  expressed  in  its  title,  because  it  is  manifest  that  the  modification 
of  the  common  law  rights  of  the  parties  is  in  furtherance  of  the  general 
purpose  of  the  Act,  viz:  to  provide  certain,  definite  and  automatic  compensa- 
tion for  the  industrial  accidents. 

Larned  v.  Tiernan,  110  111.,  173. 

It  will  be  equally  obvious  that  when  these  common  law  rights  are 
reserved  in  this  way,  the  other  constitutional  questions  in  regard  to  taking 
one's  property  without  due  process  of  the  law,  trial  by  jury,  unreasonable 
classification,  etc.,  are  practically  eliminated  because  the  Act,  as  a  whole,  is, 
in  effect,  elective  and  does  not  rest  for  its  authority  upon  the  police  power 
of  the  State.  In  other  words,  if  the  reservation  of  the  common  law  rights 
,were  not  made,  the  Act  could  find  its  justification  only  in  the  police  power 
of  the  State,  and  this  would  involve  the  necessity  of  demonstrating  that 
any  classification  made  was  reasonable,  and  that  although  the  property  of 
the  employer  might  in  effect  be  taken  away  from  him  to  compensate  the 
injured  employe,  there  existed  an  overruling  necessity  for  such  action, 
justifying  the  course  of  the  Legislature  in  imposing  this  burden  upon  him; 
whereas,  under  a  bill  drawn  as  above  suggested,  no  objection  could  be  made 
on  the  ground  that  the  Act  w^as  not  due  process  of  law,  because  the  courts 
would  say  due  process  was  reserved  to  him  by  the  Act  itself,  and  no  vital 
objection  could  be  made  to  the  classification,  because  if  the  Act  is  in  effect 
elective,  those  persons  covered  by  its  provisions  would  have  the  right,  by 
their  own  volition,  to  place  themselves  in  the  same  class  with  those  who 
were  not  in  terms  covered  by  the  Act. 

CONCLUSION. 

I  personally  feel  that  perhaps  a  more  courageous  stand  should  be  taken 
with  reference  to  preparing  legislation  of  this  character,  and  that  more 
confidence  should  be  felt  in  the  desire  of  the  courts  to  cooperate  with  the 
other  coordinate  branch  of  the  government  in  securing  for  the  State  pro- 


53  BUREAU   OF   LABOR   STATISTICS. 

gressive  legislation  of  this  kind.  The  subject  of  compulsory  compensation 
for  industrial  accidents,  however,  is  a  new  one  in  this  country,  and  while 
I  thoroughly  believe  that  another  decade  will  find  every  one  agreed  upon 
the  proposition  that  any  State  may  adopt  such  a  law  without  exception  or 
qualification,  purely  as  a  police  measure,  at  the  same  time  I  also  feel  that 
in  view  of  the  lack  of  general  information  on  the  subject,  and  the  conse- 
quent immature  state  of  public  opinion,  it  would  be  unwise  as  a  question 
of  practical  legislation  to  attempt  at  this  time  to  enact  an  unqualified 
compulsory  compensation  law,  when  the  beneficial  results  which  must  follow 
from  the  operation  of  such  a  law  are  the  real  objective,  rather  than  the 
mere  establishment  of  the  principle  of  compensation  without  negligence  or 
fault. 

That  the  law  should  read  into  every  contract  of  hiring,  a  limited  guaranty 
by  the  master  to  his  servant,  against  injury  to  life  or  limb  while  the  servant 
is  going  about  his  master's  business,  when  it  appears  that  the  larger  pro- 
portion of  such  injuries  in  almost  all  employments  are  entirely  incidental 
to  the  business,  does  not  seem  any  more  unreasonable  than  that  the  law 
should  conclusively  presume  that  the  servant,  upon  entering  the  employ- 
ment, voluntarily  assumes  in  advance  all  the  necessary  and  inherent  hazards 
of  the  trade. 

While  such  a  proposition  might  seem  novel  and  not  in  accord  with  the 
purely  juristic  notion  of  the  State,  in  contrast  with  the  social  conception 
of  the  present,  this  fact  alone  should  not  be  conclusive  in  determining 
whether  it  is  sound  or  unsound.  As  Mr.  Justice  Holmes  of  the  Supreme 
Court  of  the  United  States  has  recently  said: 

"I  strongly  believe  that  my  agreement  or  disagreement  has  nothing  to 
do  with'  the  right  of  a  majority  to  embody  their  opinion  in  law.  The 
Fourteenth  Amendment  does  not  enact  Mr.  Herbert  Spencer's  social  statics. 
A  constitution  is  not  intended  to  embody  a  particular  economic  theory, 
whether  of  paternalism  and  the  organic  relation  of  the  citizen  to  the  state, 
or  of  laissez  faire.  It  is  made  for  people  of  fundamentally  differing  views, 
and  the  accident  of  our  finding  certain  opinions  natural  and  familiar,  or 
novel  and  even  shocking,  ought  not  to  conclude  our  judgment  upon  the 
questions  whether  statutes  embodying  them  conflict  with  the  Constitution 
of  the  United  States." 

However,  it  is  a  practical  question  of  legislation  and  not  an  academic 
theory  with  which  we  are  dealing,  and  a  safe  and  conservative  course, 
which  avoids,  so  far  as  possible,  all  questions  of  constitutional  law,  would 
seem  to  be  wise. 

Respectfully  submitted, 

Samuel  A.  Harper, 
Attorney.  Employers'  LiaMUty  Commission.    . 


PART  II. 

Review  of  Senate  Bill  No.  283  With  Analysis  of  Other 
Important  Labor  Measures. 


LABOR   LEGISLATION    FORTY-SEVENTH   GENERAL   ASSEMBLY.  00 


REVIEW  OF  SENATE  BILL  NO.  283  (P.  71)  WITH  ANALYSIS 
OF  OTHER  IMPORTANT  LABOR  MEASURES. 


In  point  of  general  interest  the  most  important  labor  measure  passed 
bv  the  General  Assembly  is  Senate  Bill  No.  283,  (p.  71),  which  takes 
effect  May  1,  1912,  known  as  the  Compensation  Act,  relating  to  injuries 
received  by  workmen  employed  in  the  more  dangerous  occupations.  It 
is  an  official  and  emphatic  recognition  of  the  fact  that  most  industrial 
accidents  are  inevitable,  despite  the  greatest  measure  of  caution  to  pre- 
vent them.  It  is  founded  on  a  principle,  which,  while  old  in  European 
practice,  is  new  to  American  concepts  of  liability.  Up  to  this  time  our 
law  and  the  practice  thereunder  has  been  predicated  on  the  doctrine  that 
liability  is  strictly  a  legal  proposition,  and  that  as  a  condition  precedent 
to  the  recovery  of  damages  in  any  personal  injury  action,  it  is  necessary 
to  prove  that  the  employer  was  at  fault,  that  he  had  failed  to  exercise 
proper  care  and  in  the  conduct  of  his  business  was  guilty  of  negligence. 
In  the  absence  of  sufficient  proof  on  these  vital  points,  recovery  under 
the  law  is  impossible. 

Several  of  the  states,  following  the  example  of  every  other  civilized 
nation,  have  recently  enacted  laws  whose  operations  are  designed  to 
remove  from  the  employing  class  this  imputation  of  guilt  and  to  properly 
protect,  without  the  intervention  of  a  law  suit,  the  victims  of  industrial 
accidents.  This  reasonable  plan  of  relief  implies  the  acceptance  of  the 
theory  that  accidents  of  every  kind  are  largely  the  result  of  the  hazard 
inherent  in  the  occupation  itself  and  that  the  business,  and  not  the  in- 
dividual charged  with  its  management,  is  responsible  and  should  pro- 
vide for  the  losses  incurred  by  accidents  to  its  workmen  in  the  same 
manner  as  all  other  necessar}-  and  legitimate  expenses  are  now  met. 

The  Compensation  Act,  in  line  with  all  similar  legislation,  disregards 
the  legal  idea  of  negligence  as  now  generally  construed,  and  in  lieu 
thereof  substitutes  a  schedule  of  benefits  to  be  paid  by  employers  repre- 
senting the  industries  included  in  the  law  in  all  classes  of  accidents. 
The  gambling  feature  of  the  present  practice,  where  the  few  get  large 
verdicts  and  the  many  nothing,  is  destroyed.  There  are  no  contingen- 
cies, no  sympathetic  guesses  by  juries  to  be  later  reversed. 

The  person  who  is  injured  so  as  to  lose  more  than  six  days  time  i^ 
compensated  during  disability  according  to  a  fixed  scale,  in  addition  to 
medical  and  surgical  service,  50  per  cent  of  wages  previously  earned, 


56  BUREAU   OF    LABOR   STATISTICS. 

and,  if  the  injury  prove  fatal,  to  the  heirs  or  reDresentatives  a  sum 
equal  to  the  aggregate  of  four  years^  average  annual  earnings,  not  less 
however,  than  $1,500.00  or  more  than  $3,500.00. 

Naturally  there  was  a  sharp  division  of  opinion  on  the  question  of 
minimum  and  maximum  amounts,  some  employers  holding  that  both 
sums  were  excessive,  some  labor  representatives  that  they  were  too  low. 

In  the  investigation  conducted  by  the  commission  it  was  disclosed  as 
indicated  in  the  part  of  the  report  quoted^  that  the  average  recovery  in 
contested  cases  for  the  death  of  a  skilled  railway  employe  was  $2,078.00; 
where  the  settlement  was  effected  out  of  court,  $1,457.00;  railway 
laborers  $936.00,  skilled  building  trades  $932.00,  steel  workers  $1,254.00. 
In  the  case  of  nineteen  teamsters,  not  one  showed  that  any .  settlement 
had  been  made.  In  the  case  of  coal  miners  an  investigation  conducted 
by  Sherman  C.  Kingsley  of  the  United  Charities,  Chicago,  showed  that 
in  fifty  litigated  cases  the  aggregate  recovery  was  $8,749.00,  or  an 
average  of  $175.00  each. 

Put  to  actual  test,  the  present  plan  has  failed  to  yield  adequate  relief, 
and  for  that  reason  alone  stands  condemned.  While  in  a  few  cases  there 
has  been  recovered  and  sustained  judgments  for  considerable  amounts, 
the  sums  recovered  in  the  average  case  are  scarcely  equal  to  the  expense 
required  to  defend  them.  Compare  the  fifty  mining  cases  under  the 
test  of  litigation  resulting  in  verdicts  aggregating  $8,749.00,  with  the 
adjudication  in  a  like  number  of  cases  in  the  Cherry  disaster,  founded 
as  it  was  on  the  English  Compensation  Act,  after  which  the  Illinois 
statute  is  fashioned,  which  gave  to  the  stricken  families  an  aggregate 
of  $90,000.00  or  an  average  of  $1,800.00  each. 

Some  confusion  seems  to  exist  regarding  liability  and  compensation 
laws,  and  efforts  have  been  made  to  indicate  that  a  compensation  act  is 
not  a  liability  measure.  To  the  extent  of  the  amount  required  to  be 
paid  on  proof  of  any  accidents,  compensatory  legislation  not  only  de- 
termines specifically  the  extent  of  the  employers'  liability,  but,  what  is 
equally  important,  avoids  the  waste  of  time  and  loss  of  money,  the  un- 
certainties and  failures  incident  to  any  procedure  under  a  general  lia- 
bility act. 

Every  statute  attempting  to  define  employers'  liability  is  essentially 
based  on  the  legal  idea  of  negligence.  Wholly  aside  from  the  particular 
defenses  which  the  rulings  of  the  courts  allow,  there  can  be  no  recovery 
under  a  general  liability  act,  except  on  proof  of  negligence  on  the  part 
of  the  employer.  Under  such  a  procedure,  with  any  kind  of  a  law,  the 
burden  of  furnishing  evidence  in  support  of  the  charge  of  negligence  is 
upon  the  party  seeking  to  recover  damages;  there  can  be  no  escape  from 
this  obligation  on  the  plaintiff's  part,  and  the  record  of  litigated  cases 
show  only  too  frequently  how  lamentably  has  been  the  failure  to  supply 
the  needed  evidence  and  this  too  in  cases  where  neither  the  doctrine 
of  .fellow-servant,  contributory  negligence,  or  assumption  of  risk  had 
been  pleaded  or  allowed  in  defense. 

In  European  countries,  where  compensation  and  liability  laws  exist, 
but  a  very  small  per  cent  of  the  cases  are  brought  under  the  liability  law, 
such  cases  comprising  a  violation  of  some  statute  or  where  the  fault  of 
the  employer  was  so  apparent  as  to  really  deprive  him  of  any  defense. 


LABOR   LEGISLATION    FORTY-SEVENTH   GENERAL   ASSEMBLY.  07 

Experience  here  is  along  similar  lines.  For  many  years  we  have  had  a 
comprehensive  liability  law  aoolying  to  persons  engaged  in  interstate 
commerce.  Its  failure  to  completely  protect  the  army  of  men  engaged 
in  that  line  of  industry,  has  lead  to  the  appointment  of  a  Federal  Com- 
mission, which  is  now  investigating  the  general  subject  of  workmens' 
compensation  with  a  view  of  recommending  a  broad  law  on  that  subject 
to  Congress. 

The  abstract  right  to  bring  action  for  damages  against  an  employer 
is  fundamental,  and  cannot  be  abridged  by  legal  enactment.  To  avoid 
as  far  as  possible  the  legal  objection  attaching  to  compulsory  compensa- 
tion, the  Act  as  passed  by  the  General  Assembly  is  optional  in  character. 
The  right  of  election  is  granted  to  both  employers  and  employes,  making 
the  benefits  to  be  paid  under  it  practically  a  matter  of  contract  between 
them.  Unless  notice  is  given  to  the  contrary,  the  law  assumes  accept- 
ance on  the  part  of  workmen.  If  the  employer  on  the  other  hand  refuses 
to  be  bound  by  its  provisions,  the  injured  person  or  his  representatives 
has  the  right  of  recovery  through  the  courts,  but  in  such  cases  the  em- 
ployer is  stopped  from  pleading  as  a  defense  the  assumption  of  risk, 
contributory  negligence  or  that  the  person  for  whose  benefit  suit  is 
brought  was  a  co-employe  or  a  fellow  servant.  The  evident  purpose  of 
this  provision  of  the  law  is  to  encourage,  if  not  to  force,  its  acceptance 
on  all  emploA'ers. 

Law  experts  are  inclined  to  question  the  legality  of  this  part  of  the 
Act  doubting  whether  even  under  its  elective  provisions  the  existing 
defenses  can  be  removed  solely  because  the  employer  may  refuse  to  accept 
the  plan  of  compensation  provided  for  in  the  Act.  From  a  purely  legal 
view  point,  any  plan,  particularly  one  which  threatens  the  continuance 
of  a  long  established  practice,  will  be  assailed  bv  the  interests  affected, 
and  sooner  or  later  come  in  review  before  the  courts,  it  would  be  too 
much  to  expect  that  any  other  fate  awaits  this  measure.  Whatever  the 
ultimate  legal  adjudication  may  be,  there  is  much  hope  and  assurance  in 
the  manifest  tendency  of  present  day  decisions  to  harmonize  the  law 
with  the  actual  economic  situation. 

House  Bill  Xo.  250,  (p.  82)  is  properly  designated  an  Act  to  promote 
the  public  health  by  protecting  certain  employes  in  this  State  from  the 
dangers  of  occupational  diseases.  It  applies  to  all  occupations  produc- 
tive of  illness  or  disease  incident  to  the  work  performed;  emphasizing 
particularly  the  menace  to  health  resulting  from  the  manufacture  of 
various  kinds  of  lead,  and  classifies  as  specially  dangerous  to  the  health 
of  employes,  the  manufacture  of  brass,  the  smelting  of  lead  or  zinc 
and  other  processes  of  manufacture  involving  poisonous  chemicals. 

Vigorous  regulations  are  prescribed  regarding  the  clothing  of  em- 
ployes, conditions  under  which  food  shall  be  eaten  in  such  places,  proper 
facilities  for  washing,  and  compelling  employers  to  keep  at  all  times 
such  workshops  free  from  dust  and  other  poisonous  fumes.  Employers 
engaged  in  the  class  of  work  to  which  the  law  applies  are  required- to 
have  their  employes  examined  by  a  competent  physician  for  the  purpose 
of  determining  whether  any  of  such  employes  are  victims  of  industrial 
or  occupational  diseases,  and  to  make  special  report  thereof  to  the  State 
Board  of  Health.     Section  15  extends  the  policy  of  compensation,  by 


58  BUREAU   OF    LABOR   STATISTICS. 

giving  to  those  whose  health  has  been  injured  by  reason  of  their  occupa- 
tion, a  right  of  action  to  recover  damages  where  it  can  be  shown  that 
such  injury  to  health  was  occasioned  by  any  willful  violation  or  willful 
failure  to  comply  with  any  provision  of  the  law. 

This  bill  was  prepared  after  careful  study  and  investigation  by  the 
Commission  on  Occupational  Diseases,  appointed  by  Governor  Deneen 
under  a  joint  resolution  of  the  Forty-fifth  General  Assembly,  which 
submitted  a  comprehensive  report  to  the  Legislature  in  January,  1911. 
It  marks  the  first  attempt  on  the  part  of  the  State  to  deal  directly  with 
the  question  of  industrial  diseases.  In  the  enactment  of  such  laws,  we 
are  but  imitating  older  industrial  communities.  For  years,  in  England 
and  on  the  continent,  trade  diseases  and  their  effect  on  incomes  have  l^een 
ranked  in  the  same  catagory  with  industrial  accidents  and  adequate 
compensation  provided  therefor. 

Senate  Bill  No.  440,  (p.  86)  having  for  its  obvious  purpose  the  safe 
guarding  of  the  health  of  female  employes,  amends  the  Act  of  1909, 
prohibiting  their  employment  for  more  than  10  hours  during  any  one 
day  in  any  mechanical  or  mercantile  establishment,  or  factory,  or 
laundry,  or  hotel,  or  restaurant,  or  telegraph  or  telephone  establish- 
ment 01'  offices  thereof,  or  any  place  of  am^isement,  or  by  any  person, 
firm  w  corporation  engaged  in  any  express  or  transportation  or  public 
utility  business,  or  by  any  common  carrier,  or  in  any  public  institution, 
incorporated  or  unincorporated  in  this  State.  The  words  in  italics  in- 
dicate the  employments  to  which  the  law  as  amended  applies. 

The  Act  is  further  amended  by  the  substitution  of  a  new  section 
requiring  every  employer  to  whom  the  Act  applies,  to  keep  a  time  book 
or  record,  showing  for  each  day  the  establishment  is  open,  the  hours 
during  which  females  are  employed;  such  time  record  is  to  be  open  at 
all  reasonable  hours  for  the  inspection  of  the  officials  of  the  factory 
inspection  department.  A  failure  to  keep  such  records  or  the  insertion 
of  any  false  statements  therein,  is  punishable  by  a  fine  of  $25.00  for 
each  oft'ense. 

The  scope  of  the  Act  is  so  broad  as  to  include  almost  every  kind  of 
female  labor  except  domestic  service,  and,  following  the  action  of  the 
State  Supreme  Court  holding  the  law  as  originally  passed  constitutional, 
is  a  signal  victory  for  the  great  arm}^  of  Avomen  who  now  find  employ- 
ment in  industrial  pursuits. 

While  the  various  labor  organizations  of  the  vState  had  declared  in 
favor  of  this  extension  of  the  Womens'  Ten-Hour  Workday  law,  the 
real  battle  was  waged  by  the  women  themselves  or  their  representatives, 
and  continued  amidst  much  discouragement  until  the  closing  moments 
of  the  regular  session.  To  the  influence  of  women  like  Jane  Addams  of 
Hull  House,  and  Mrs.  Baymond  Robins  of  the  Womens'  Trade  Union 
League,  supplemented  by  the  good  judgment  and  unwavering  perse- 
verance of  Miss  Agnes  Nestor  of  the  Glovemakers,  and  Miss  Elizabeth 
Maloney  of  the  Waitresses  unions,  Illinois  is  indebted  for  this  most 
comprehensive  law  relating  to  women's  work.  A  legal  limit  to  the 
working  day  for  women  having  been  recognized,  the  necessity  for  a 
still  further  curtailment  will  find  expression  in  law  as  public  opinion 
on  this  question  advances. 


LABOR    LEGISLuVTION    FORTY-SEVEXTH    GENERAL   ASSEMBLY.  59 

House  Bill  Xo.  544,  (p.  87)  is  one  of  several  bills  prepared  by  the 
^fining  Investigation  Commission  and  is  a  revision  of  the  general 
mining  laws  of  the  State.  As  originally  reported,  it  provided  for  the 
appointment  of  twelve  deputy  State  inspectors  of  mines  corresponding 
with  the  number  of  State  inspectors,  and  recommended  an  increase  in 
salary  for  State  inspectors  from  $1,800.00  to  $3,000.00  per  annum.  The 
apnropriation  committee  in  the  House  to  which  the  bill  was  ultimately 
referred,  reported  amendments  striking  out  the  clauses  relating  to  deputy 
State  inspectors  and  increased  salaries,  with  these  exceptions  the  bill 
as  enacted  is  the  same  as  that  reported  by  the  commission. 

AATiile  the  entire  Act  is  rewritten,  much  of  it  necessarily  remains  un- 
changed. The  chief  new  features  of  the  law  consist  of  an  increase  in 
the  number  of  State  inspectors  from  ten  to  twelve  supplemented  as  pro- 
vided in  the  former  laws  for  the  appointment  of  a  county  inspector  by 
boards  of  supervisors  in  the  different  coal  producing  counties  of  the 
State.  The  organization  of  the  State  Mining  Board  consists  of  two  coal 
operators;  two  practicing  coal  miners  and  one  practicing  hoisting  en- 
gineer. The  office  of  mining  engineer  is  abolished.  The  mining  board 
l^ecomes  the  head  of  the  mine  inspection  service,  and  the  State  inspectors 
of  coal  mines  are  subject  to  its  direction  and  control.  In  addition,  it 
is  required  to  collect  and  publish  an  annual  coal  report,  for  which 
clerical  help  is  provided.  Up  to  this  time  and  for  the  past  twenty-nine 
years,  this  work  has  been  performed  by  the  Bureau  of  Labor. 

The  increasing  quantity  of  gas  in  the  mines  of  the  State  is  noted  in 
the  provision  made  for  the  use  of  safety  lamps,  also  the  character  of 
oils  used  as  affecting  ventilation,  the  board  is  invested  with  authority 
to  prescribe  sj^ecifications  and  to  enforce  compliance  therewith. 

As  indicating  the  extensive  employment  of  electrical  power  in  coal 
mines,  the  law  contains  provisions  limiting  the  voltage  and  providing  for 
the  protection  of  trolley  and  feed  wires  at  points  where  persons  or  ani- 
mals are  liable  to  come  in  contact  therewith.  The  principal  purpose  of 
the  laAv  is  to  protect  the  lives  and  health  of  those  engaged  in  the  coal 
mine  industry,  and  the  Act  as  now  revised,  is  broad  and  comprehensive 
and  places  Illinois  in  respect  to  such  modern  and  essential  regulations, 
in  the  first  rank  of  coal  producing  states. 

House  Bill  Xo.  547,  (p.  117)  amends  five  sections  of  the  present  Act 
enacted  at  the  special  session  of  the  Forty-sixth  General  Assembly  rela- 
ting to  fire  fighting  equipment  at  coal  mines.  The  original  Act  was  an 
emergency  law  passed  for  the  purpose  of  preventing,  if  possible,  a  re- 
currence of  mine  fires  similar  to  that  experienced  at  Cherry,  Illinois. 
The  important  changes  in  this  Act  occur  in  sections  5  and  6. 

Section  5  as  amended,  strikes  out  the  requirements  for  the  use  of 
gongs  intended  as  a  signal  to  call  out  employes  in  the  case  of  serious  or 
emminent  danger.  In  a  few  cases  where  it  has  been  found  necessary 
to  use  the  gongs,  they  have  created  stampedes  threatening  the  lives  of  the 
men.  The  same  service  can  be  better  and  more  efficiently  performed 
through  the  use  of  telephones  under  the  charge  of  men  trained  in  this 
and  other  fire  fighting  work  for  which  ample  provisions  are  made. 


60  BUREAU   OF   LABOR   STATISTICS. 

Section  6  amends  the  present  law  by  exempting  the  requirements  for 
chemical  fire  extinguishers  and  also  in  the  sinking  and  fire  proofing  of 
mines  where  ten  or  less  men  are  employed. 

House  Bill  No.  548,  (p.  122)  which  is  an  Act  designated  to  promote 
the  safety  of  persons  and  property  in  coal  mines  by  regulating  and 
standardizing  the  character  of  black  blasting  powder.  This  is  the  first 
attempt  on  the  part  of  the  State  to  prescribe  the  specific  gravity  and 
moisture  content  of  blasting  powder  used  in  coal  mines.  Section  1 
provides  that  the  specific  gravity  shall  not  be  less  than  1.74  nor  more 
than  1.90;  and  the  moisture  content  not  to  exceed,  at  the  time  of  ship- 
ment, 1  per  cent.  The  granulation  is  confined  to  seven  different  sizes 
determined  by  perforated  screens  and  the  letters  used  to  designate  them 
similar  to  those  now  in  use  which  must  be  plainly  stamped  on  the 
packages.  The  State  Mining  Board  is  authorized  to  make  all  required 
tests  and  severe  penalties  are  prescribed  for  any  and  all  violations. 

This  is  one  of  the  laws  recommended  by  the  Mining  Investigation 
Commission,  and  in  its  preparation  the  powder  manufacturers  were  con- 
sulted. The  present  method  of  mining  in  Illinois  makes  necessary  the 
consumption  of  a  vast  quantity  of  powder.  Last  year  1,256,000  kegs. 
or  nearly  16,000  tons  were  used  in  producing  coal,  and  as  a  result  of 
which  21  men  were  killed  and  many  injured,  besides  great  loss  and 
damage  to  property.  Powder  men  maintain  that  there  has  been  no 
change  in  the  formula  or  process  by  which  the  explosive  is  manufactured. 
Miners  on  the  other  hand  claim  that  its  reduced  price  indicates  infe- 
riority and  charge  most  of  the  man-killing  explosions  to  its  impaired 
qualities. 

The  standards  required  by  the  Act  will  remove  any  grounds  for  specu- 
lation regarding  this  important  matter,  and  if  they  even  diminish  the 
loss  of  life  and  the  waste  of  property,  a  long  step  will  have  been  taken  in 
the  general  conservation  policy  of  the  State. 

House  Bill  No.  546,  (p.  124)  prohibits  the  drilling  of  any  gas  or  oil 
well  at  a  point  nearer  than  250  feet  to  any  coal  mine. 

Senate  Bill  No.  259,  (p.  128)  provides  for  the  establishment  of  miners' 
and  mechanics'  institutes.  This  work,  for  which  $30,000.00  has  been 
appropriated,  is  purely  educational  in  character,  and  it  is  hoped  that 
by  increasing  the  efficiency  of  mine  employes  and  others,  the  business 
will  be  brought  under  more  intelligent  control  and  many  dangers  and 
accidents  avoided. 

Senate  Bill  No.  486,  (p.  125)  continues  the  life  of  the  Mining  Investi- 
gation Commission  until  the  meeting  of  the  next  General  Assembly. 

Senate  Bill  No.  264,  (p.  128)  amends  section  2  of  the  Act  of  1907, 
establishing  a  Department  of  Factory  Inspection.  It  increases  the  num- 
ber of  deputy  inspectors  from  25  to  30;  provides  for  the  appointment 
of  a  physician;  places  all  deputies  under  the  direct  supervision  of  the 
chief  inspector;  raises  the  salary  of  the  assistant  chief  from  $1,500.00 
to  $2,225.00  per  annum,  and  changes  the  time  of  making  annual  report 
to  the  Governor  from  December  15th  to  June  30th. 


LABOR   LEGISLATION    FORTY-SEVENTH    GENERAL   ASSEMBLY.  61 

These  comprise  the  principal  labor  measures  enacted.  Several  other 
labor  bills  of  minor  importance  were  passed  which  appear  in  the  list  of 
labor  laws  herein  published.  In  the  character  and  number  of  laws 
passed  in  the  interest  of  the  industrial  classes,  the  record  made  at  the 
regular  session  of  the  Forty-seventh  General  Assembly  is  in  every 
respect  commendable  and  noteworthy. 


PART  III. 

Attitude  of  Labor  Leaders  Respecting  Liability  and  Work- 
men's Compensation  Law.     Protest  of  the  Manu- 
lacturers.     Veto  of  Senate  Bill  No.  401. 


LABOR   LEGISLATION    FORTY-SEVENTH    GENERAL   ASSEMBLY.  65. 


ATTITUDE   OF  LABOR  LEADERS   RESPECTING  LIABILITY 

AND  WORKMENS'  COMPENSATION  LAW— PROTEST 

OF  THE  MANUFACTURERS— VETO  OF  SENATE 

BILL  NO.  401. 


A  rather  regretable  situation  developed  regarding  the  attitude  of 
organized  labor  towards  the  Employers^  Liability  and  Compensation 
Acts  and  the  fear  at  one  time  entertained  that  the  reactionary  element 
in  the  Legislature  would  take  advantage  of  the  division  to  defeat  both 
measures.  Edwin  R.  Wright,  president  of  the  State  Federation  of 
Labor;,  and  secretary  of  the  commission,  and  John  H.  Walker,  president 
of  the  L^nited  Mine  Workers  of  Illinois,  were  openly  committed  to  the 
enactment  of  the  compensation  bill,  and  while  also  favoring  an  em- 
ployers' liability  law,  made  no  secret  of  their  preference  for  a  compen- 
sation act,  going  so  far  as  to  declare  that  if  only  one  were  to  pass,  it 
should  be  the  compensation  Act  endorsed  by  the  commission. 

The  position  taken  by  John  Fitzpatrick,  president  of  the  Chicago 
Federation  of  Labor,  and  the  representatives  of  the  Railway  Trainmen 
was,  that  while  not  opposing  the  principle  of  compensation  as  a  policy., 
such  a  measure  should  follow  and  not  precede  a  comprehensive  em- 
ployers' liability  law,  maintaining  that  the  underlying  principles  of 
these,  laws  were  inconsistent,  if  not  antagonistic  to  each  other.  There 
was  considerable  force  in  this  contention,  but  unfortunately,  it  gave  the 
enemies  of  both  measures  an  excuse  for  their  real  opposition. 

Had  it  not  been  for  the  general  sentiment  in  the  State  on  these  sub- 
jects, it  would  have  been  comparatively  easy  for  the  corporation  agents 
to  hav^  duplicated  their  old  time  practice.  Notwithstanding  this  divi- 
sion among  the  friends  of  labor  legislation,  the  General  Assembly,  as  if 
in  atonement  for  previous  neglect,  passed  both  measures.  Within  the 
time  allowed  the  Governor  to  approve  bills,  a  protest  was  filed  by  the 
manufacturers  and  a  request  made  for  a  hearing,  that  they  might  have 
an  opportunity  to  submit  reasons  justifying  the  veto  of  both  bills. 

The  meeting  was  held  in  the  Senate  chamber  on  Friday,  May  26,  1911. 
It  was  attended  by  a  great  number  of  employers  and  representatives  of 
labor  unions.  The  session  opened  at  10:00  a.  m.,  and  continued  until 
2  :30  p.  m.,  the  time  being  fully  occupied  with  arguments  by  the  manu- 
facturers, their  attorneys  and  by  those  of  officials  and  other  representa- 
tives of  union  labor. 

— 5  L  L 


66  BUREAU   OF   LABOR   STATISTICS. 

The  manufacturers,  whilst  declaring  they  were  not  opposed  to  the 
principle  of  compensation  to  workmen  for  injuries  without  fault  of  the 
employer,  "protested  against  it  becoming  a  law  because  it  attempts  to 
destroy  all  the  defenses  which  an  employer  has  to  a  suit  for  a  personal 
injury/^  A  similar  objection  was  urged  against  the  liability  Act,  al- 
th6ugh  the  authority  of  the  Legislature  to  modify  such  defenses  was 
admitted.  Particular  stress  was  laid  on  the  fact  that  the  proposed  Act 
was  in  the  nature  of  an  innovation  new  to  our  institutions  and  funda- 
mental law,  and  that  the  effect  of  its  operation  would  be  to  "take  away 
the  property  of  one  man  and  give  it  to  another,  where  the  person  com- 
pelled to  pay  is  without  fault,"  and  the  opinion  was  expressed  that  the 
courts  of  the  country  would  never  approve  such  radical  enactments. 
It  was  charged  that  the  provisions  of  the  bill  were  in  many  respects 
vague  and  inconsistent;  that  both  the  minimum  and  maximum  death 
benefits  were  too  high;  and  that  the  burden  imposed  upon  employers 
in  Illinois  would  seriously  handicap  them  in  competing,  for  business 
with  producers  in  adjoining  states  who  were  exempt  from  such  regula- 
tions and  requirements. 

After  a  careful  consideration  of  the  provisions  of  both  measures. 
Governor  Deneen  approved  Senate  Bill  'No.  283,  the  Compensation  Act. 
and  vetoed  Senate  Bill  No.  401,  the  Liability  Act.  The  Executive^? 
views  in  respect  to  these  bills  is  clearly  and  fully  set  forth  in  the  follow- 
ing veto  message: 

State  of  Illinois, 

Executive  Department. 

June  10,  1911. 
Hon.  James  A.  Rose,  Secretary  of  State,  Springfield,  III.: 

Dear  Sir — I  return  herewith,  without  my  approval,  Senate  Bill  No.  401. 
This  bill  covers,  to  a  considerable  extent,  the  same  subject  matter  as  Senate 
Bill  No.  283.  Both  are  intended  to  apply  to  occupations  held  or  deemed  to 
be  dangerous  and  both  have  relation  to  the  rights  of  employers  and  employes 
in  the  event  of  injury  to  employes  received  in  the  course  of  employments 
which  are  within  the  purview  of  the  acts. 

Senate  Bill  No.  401  is  drawn  upon  the  theory  of  the  present  law,  that  of 
affording  to  the  injured  employe,  or  to  his  legal  representative  in  case  the 
injury  results  in  death,  relief  through  adjudication  by  the  courts  and  it  is 
designed  to  abolish  or  modify  the  defenses  to  actions  of  this  nature  recog- 
nized by  the  present  law  and  known  as  the  defenses  of  contributory  negli- 
gence, the  fellow  servant  rule,  and  the  assumption  of  risk. 

Senate  Bill  No.  283,  the  Workmen's  Compensation  Act,  is  drawn  upon  an 
entirely  different  theory.  Its  object  is  to  afford  compensation  in  all  cases 
of  industrial  accident  coming  within  its  provisions  without  recourse  to 
litigation;  and  whilst  it  provides  for  an  election,  both  upon  the  part  of 
employers  and  employes,  between  acceptance  of  the  terms  of  compensation 
provided  by  the  Act  and  the  settlement  of  the  question  of  compensation 
through  an  action  for  damages,  it  is  so  drawn  as  to  encourage  acceptance 
of  the  terms  of  the  Compensation  Act.  This  is  accomplished  in  the  case 
of  the  employer,  by  providing  that  in  case  he  shall  elect  "not  to  provide 
and  pay. the  compensation  to  any  employe  who  has  elected  to  accept  the 
provisions  of  this  Act  according  to  the  provisions  of  this  Act,  he  shall 
not  escape  liability  for  injuries  sustained  by  such  employe  arising  out  of 
and  in  the  course  of  his  employment,  because — 

"1.    The  employe  assumed  the  risks  of  the  employer's  business. 


LABOR   LEGISLATION   FORTY-SEVENTH   GENERAL   ASSEMBLY.  67 

"2.  The  injury  or  death  was  caused,  in  whole  or  in  part,  by  the  negligence 
of  a  fellow  servant. 

"3.  The  injury  or  death  was  approximately  caused  by  the  contributory 
negligence  of  the  employ^,  but  such  contributory  negligence  shall  be  con- 
sidered by  the  jury  in  reducing  the  amount  of  damages." 

In  case  an  employe,  whose  employer  has  accepted  the  terms  of  the  Com- 
pensation Act,  declines  to  accept  such  terms  and  elects  to  seek  his  remedy 
through  the  courts,  it  is  provided  that  in  such  case  such  employer  shall  not 
be  deprived  of  any  of  his  common  law  or  statutory  defenses. 

Under  the  terms  of  the  Act,  the  acceptance  of  employment  brings  both 
parties  within  the  provisions  of  the  Act,  unless  one  declares  or  both  declare 
a  contrary  intention. 

It  is  apparent,  therefore,  that  Senate  Bill  No.  283   is  framed  upon  the. 
theory  that  the  common  law  defenses  remain  in  effect  and  that  the  employer 
shall  have  the  advantage  of  such  defenses  should  the  employe  fail  to  accept 
the  terms  of  the  Act.    Senate  Bill  No.  401  destroys  the  common  law  defenses 
and  in  effect  nullifies  the  theory  upon  which  Senate  Bill  No.  283  is  framed. 

It  is  plain,  therefore,  that  but  one  of  these  bills  should  stand.  In  view 
of  the  fact  that  Senate  Bill  No.  283  is  the  result  of  the  labor  of  a  voluntary 
commission  composed  equally  of  the  representatives  of  employes  and 
employers,  after  careful  study  of  the  subject  of  workmen's  compensation 
and  employers'  liability  legislation  and  that  the  State  has  defined  its  policy 
in  reference  thereto,  it  seems  to  me  that  preference  should  be  given  to  Senate 
Bill  No.  283,  the  Workmen's  Compensation  Act,  and  a  test  of  it  be  made. 

I  may  add  that  the  provision  in  section  1  of  Senate  Bill  No.  401  exempt- 
ing the  occupation  of  farming  or  the  tilling  of  the  soil  from  the  operation 
of  the  Act  is  in  plain  contravention  of  the  decision  of  the  Supreme  Court 
of  this  State  in  the  case  of  People  v.  Vutler  Street  Foundry,  201  111..  266, 
and  of  the  Supreme  Court  of  the  United  States  in  the  case  of  Connolly  t. 
Union  Sewer  Company,  184  U.  S.,  540,  which,  of  itself,  would  render  Senate 
Bill  No.  401  unconstitutional. 

Respectfully  submitted, 

(Signed)     Charles  S.  Deneen, 

Governor. 

It  will  b^  noted  that  while  the  provisions  in  Senate  Bill  No.  401 
specifically  exempting  the  occupation  of  farming,  would  in  any  event, 
have  rendered  it  nugatory  on  constitutional  grounds  under  the  cited 
decision  of  the  courts,  this  discrimination,  while  legally  fatal,  is  men- 
tioned not  alone  as  justifying  its  disapproval,  but  in  order  to  emphasize 
the  greater  benefits  which  it  is  the  object  of  Senate  Bill  No.  283  to 
subserve. 

Governor  Deneen  in  his  profession  as  a  lawyer,  has  doubtless  had 
experience  in  the  trial  of  personal  injury  suits,  and  in  the  prosecutions 
of  such  cases  has  had  occasion  to  observe,  not  only  the  waste  of  time 
and  money,  but  the  frequent  failure  of  justice  under  rules  and  circum- 
stances where  it  was  impossible  to  prove  personal  or  official  negligence. 
The  measures  represented  two  distinct  and  conflicting  theories,  recovery 
in  the  one  case  being  conditioned  on  the  uncertain  results  of  litigation 
and  in  the  other  fixed  under  a  uniform  schedule  of  specified  benefits, 
agreed  to  in  advance  by  the  persons  directly  concerned.  As  the  ostensible 
object  of  both  Acts,  whatever  misapprehension  may  exist  in  regard  to 
them,  was  to  relieve  a  situation  admittedly  unsatisfactory  and  as  the 
administration,  through  executive  messages  to  the  Legislature,  through 
the  appointment  of  a  joint  commission  to  investigate  the  subject,  and  in 
other  ways  had  announced  its  preference  for  a  general  compensation 


68  BUREAU   OP   L.IBOR   STATISTICS. 

plan,  believing  that  it  provided  a  more  equitable  basis  for  the  settlement 
of  cases  of  injury  to  workmen  than  is  found  in  the  present  law,  there 
was  really  no  choice  and  no  other  course  open  for  the  Governor  to 
pursue. 

Senate  Bill  No.  401. 

An  Act  relating  to  the  liaMlity  of  employers  to  their  employes,  and  relating 
to  contracts  hetiveen  employers  and  their  employes  in  certain  cases. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly:  That  every  employer  in  this  State  who  shall 
hereafter  employ  or  engage  employes  in  any  occupation  which  is,  or  may 
be  deemed  or  determined  to  be,  hazardous  to  life  and  limb  of  any  such 
employes  engaged  or  employed  in  any  such  occupation,  shall  be  liable  in 
damages  to  any  person,  who,  in  the  course  of  his  or  her  employment  as  an 
employe  of  any  such  employer  in  any  such  occupation,  suffers  personal 
Injury,  or  in  case  of  the  death  of  such  employe,  then  to  his  or  her  legal 
representative,  for  the  benefit  of  the  surviving  widow  or  husband  and 
children  of  such  employe;  and  if  none,  then  for  the  benefit  of  such  employ6'a 
parents;  and  if  none,  then  for  the  benefit  of  the  next  of  kin  dependent  upon 
such  employe,  for  such  injury  or  death  resulting  in  whole  or  in  part  from 
the  negligence  of  such  employer,  or  any  of  the  officers,  agents  or  employes 
of  such  employer,  or  by  reason  of  any  defect  or  insufficiency,  due  to  the 
negligence,  fault  or  omission  of  duty  of  such  employer  or  any  of  the  officers, 
agents  or  employes  of  such  employer:  Provided,  that  nothing  herein  con- 
tained shall  apply  to  the  occupation  of  farming  or  tilling  the  soil. 

Sec.  2.  That  hereafter  in  any  action  at  law  brought  against  an  employer 
for  injury  to  or  death  of  an  employe  the  employe  shall  not  be  deemed  or 
held  to  have  assumed  any  negligence  on  the  part  of  the  employer,  where 
such  employer  has  failed  to  comply  with  the  provisions  of  any  statute 
imposing  any  duty,  obligation,  or  regulation  for  the  conduct  of  and  in  the 
pursuit  of  the  employer's  business. 

Sec  3.  That  any  contract,  rule,  regulation  or  device  whatsoever,  the 
purpose  or  intent  of  which  shall  be  to  exempt  any  such  employer  from  any 
liability  created  by  this  Act,  shall,  if  made  before  the  cause  or  action  accrued, 
to  that  extent  be  void:  Provided,  that  in  any  action  brought  against  any 
such  employer  under  or  by  virtue  of  any  of  the  provisions  of  this  Act,  such 
employer  may  set  off  therein  any  sum  such  employer  has  contributed  or 
paid  to  any  insurance,  relief,  benefit  or  indemnity,  that  may  have  been  paid 
to  such  injured  employe,  or  the  person  entitled  thereto,  on  account  of  the 
Injury  or  death  for  which  said  action  was  brought. 

Sec  4.  That  no  action  shall  be  maintained  under  this  Act  unless  com- 
menced within  two  years  from  the  date  such  cause  of  action  accrued,  except, 
that  in  the  event  of  the  death  of  such  injured  employe,  then  in  that  case 
said  action  shall  be  commenced  within  one  year  from  the  date  of  such  death. 

Sec  5.  The  term  employer  as  used  in  this  Act  shall  include  the  legal- 
representatives  or  receivers  of  deceased,  defunct  or  insolvent  employers. 

Sec.  6.  The  invalidity  of  any  portion  of  this  Act  shall  in  no  way  affect 
the  validity  of  any  other  portion  thereof  which  can  be  given  effect  without 
such  invalid  part. 

Sec  7.  Nothing  in  this  Act  shall  prejudicially  affect  any  right  or  remedy 
to  which  an  employ^  is  entitled  independently  of  this  Act. 


PART  IV. 


Laws  Enacted  by  the  47th  General  Assembly. 


LABOR   LEGISLATION    FORTY-SEVEKTII    GENERAL   ASSEMBLY.  71 


LAWS  ENACTED  BY  THE   FORTY-SEVENTH  GENERAL 

ASSEMBLY. 


Compensation  to  Employes  for  Accidental  Injuries  or  Death. 

(Senate  Bill  No.  283.    Approved  June  10,  1911.) 

An  Act  to  promote  the  general  welfare  of  the  People  of  this  State, 
by  providing  compensation  for  accidental  injuries  or  death  suffered 
in  the  course  of  employment. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  any  employer  covered  by  the 
provisions  of  .this  Act  in  this  State  may  elect  to  provide  and  pay  com- 
pensation for  injuries  sustained  by  any  employe  arising  out  of  and  in 
the  course  of  the  employment  according  to  the  provisions  of 
this  Act,  and  thereby  relieve  himself  from  any  liability  for  the  recovery 
of  damages,  except  as  herein  provided.  If,  however,  any  such  employer 
shall  elect  not  to  provide  and  pay  the  compensation  to  any  employe  who 
has  elected  to  accept  the  provisions  of  this  Act,  according  to  the  pro- 
visions of  this  Act  he  shall  not  escape  liability  for  injuries  sustained 
by  such  employe  arising  out  of  and  in  the  course  of  his  employment 
because 

1.  The  employe  assumed  the  risks  of  the  employer's  business. 

2.  The  injury  or  death  was  caused  in  whole  or  in  part  by  the  negli- 
gence of  a  fellow  servant. 

3.  The  injury  or  death  was  proximately  caused  by  the  contributory 
negligence  of  the  employe,  but  such  contributory  negligence  shall  be 
considered  by  the  jury  in  reducing  the  amount  of  damages. 

a.  Every  such  employer  is  presumed  to  have  elected  to  provide  and 
pay  the  compensation  according  to  the  provisions  of  this  Act,  unless  and 
until  notice  in  writing  of  his  election  to  the  contrary  is  filed  with  the 
State  Bureau  of  Labor  Statistics. 

h.  Every  employer  within  the  provisions  of  this  Act  failing  to  file 
such  notice  shall  be  bound  hereby  as  to  all  his  employes  who  shall  elect 
to  come  within  the  provisions  of  this  Act  until  January  1st  of  the  next 
succeeding  ye^r  and  for  terms  of  each  year  thereafter:  Provided,  any 
such  employer  may  elect  to  discontinue  the  payments  of  compensation 
herein  provided  only  at  the  expiration  of  any  such  calendar  year,  by 
filing  notice  of  his  intention  to  discontinue  such  payments,  with  the 
State  Bureau  of  Labor  Statistics,  at  least  sixty  days  prior  to  the  expira- 


i/C  BUREAU    OF    LABOR   STATISTICS. 

tion  of  any  such  calendar  year,  and  by  posting  such  notice  in  the  plant, 
^hop,  office  or  place  of  work,  or  by  personal  service,  in  written  or  printed 
form,  upon  such  employe,  at  least  sixty  days  prior  to  the  expiration  of 
^ny  such  calendar  year. 

c.  In  the  event  any  employer  elects  to  provide  and  pay  compensation 
.provided  in  this  Act,  then  every  employe  of  such  employer,  as  a  part 
of  his  contract  of  hiring  or  who  may  be  employed  at  the  time  of  the 
taking  effect  of  this  Act  and  the  acceptance  of  its  provisions  by  the 
'employer,  shall  be  deemed  to  have  accepted  all  the  provisions  of  this 
Act  and  shall  be  bound  thereby  unless  within  thirty  days  after  such 
hiring  and  after  the  taking  effect  of  this  Act,  he  shall  file  a  notice  to 
the  contrary  with  the  secretary  of  the  State  Bureau  of  Labor  Statistics, 
whose  duty  it  shall  be  to  immediately  notify  the  employer,  and  if  so 
notified,  the  employer  shall  not  be  deprived  of  any  of  his  common  law 
or  statutory  defenses,  and  until  such  notice  to  the  contrary  is  given  to 
the  employer,  the  measure  of  liability  of  the  employer  for  any  injury 
shall  be  determined  according  to  the  compensation  provisions  of  this 
Act:  Provided,  however,  that  before  any  such  employe  shall  be  bound 
by  the  provisions  of  this  Act,  his  employer  shall  either  furnish  to  such 
employe  personally  at  the  time  of  his  hiring,  or  post  in  a  conspicuous 
place  at  the  plant  or  in  the  room  or  place  where  such  employe  is  to  be 
employed,  a  legible  statement  of  the  compensation  provisions  of  this 
Act. 

§  2.  The  provisions  of  this  Act  shall  apply  to  every  employer  in 
the  State  engaged  in  the  building,  maintaining  or  demolishing  of  any 
structure;  in  any  construction  or  electrical  work;  in  the  business  of 
carriage  by  land  or  water  and  loading  and  unloading  in  connection  there- 
with (except  as  to  carriers  who  shall  be  construed  to  be  excluded  here- 
from by  the  laws  of  the  United  States  relating  to  liabilty  to  their 
employes  for  personal  injuries  while  engaged  in  interstate  commerce 
where  such  laws  are  held  to  be  exclusive  of  all  State  regulations'  pro- 
viding compensation  for  accidental  injuries  or  death  suffered  in  the 
course  of  employment )  ;  in  operating  general  or  terminal  store-houses ; 
in  mining,  surface  mining,  or  quarrying;  in  any  enterprise,  or  branch 
thereof,  in  which  explosive  materials  are  manufactured,  handled  or  used 
in  dangerous  quantities;  in  any  enterprise  wherein  molten  metal  or 
injurious  gases  or  vapors  or  inflammable  fluids  are  manufactured,  used, 
generated,  stored  or  conveyed  in  dangerous  quantities;  and  in  any  enter- 
prise in  which  statutory  regulations  are  now  or  shall  hereafter  be  im- 
posed for  the  guarding,  using  or  the  placing  of  machinery  or  appliances, 
or  for  the  protectioif  and  safe-guarding  of  the  employes  therein,  each  of 
vrhich  employments  is  hereby  determined  to  be  especially  dangerous,  in 
which  from  the  nature,  conditions  and  means  of  prosecution  of  the  work 
therein,  extraordinary  risks  to  life  and  limb  of  the  employe  engaged 
therein  are  inherent,  necessary  or  substantially  unavoidable,  and  as  to 
each  of  which  employments  it  is  deemed  necessary  to  establish  a  new 
system  of  compensation  for  accidents  to  the  employes  therein. 

§  3.  No  common  law  or  statutory  right  to  recover  damages  for  in- 
jury or  death  sustained  by  any  employe  while  engaged  in  the  line  of  his 
<luty  as  such  employe  other  than  the  compensation  herein  provided  shall 


LABOR    LEGISLATION    FORTY-SEVEXTII    GENERAL   ASSEMBLY.  id 

be  available  to  any  employe  who  lias  accepted  the  provisions  of  this  Act 
or  to  any  one  wholly  or  partially  dependent  upon  him  or  legally  respon- 
sible for  his  estate:  Provided,  that  when  the  injury  to  the  employe  was 
caused  by  the  intentional  omission  of  the  employer,  to  comply  with 
statutory  safety  regulations,  nothing  in  this  Act  shall  affect  the  civil 
liability  of  the  employer.  If  the  employer  is  a  partnership,  such  omis- 
sion must  be  that  of  one  of  the  partners  thereof,  and  if  a  corporation, 
that  of  any  elective  officer  thereof. 

§  4.  The  amount  of  compensation  which  the  employer  who  accepts 
the  provisions  of  this  Act  shall  pay  for  injury  to  the  employe  which  re- 
sults in  death,  shall  be: 

a.  If  the  employe  leaves  any  widow,  child  or  children,  or  parents  or 
other  lineal  heirs  to  whose  support  he  had  contributed  within  five  years 
previous  to  the  time  of  his  death,  a  sum  equal  to  four  times  the  average 
annual  earnings  of  the  employe,  but  not  less  in  any  event  than  one 
thousand  five  hundred  dollars,  and  not  more  in  any  event  than  three 
thousand  five  hundred  dollars.  Any  weekly  payments^  other  than  neces- 
sary medical  or  surgical  fees,  shall  be  deducted  in  ascertaining  such 
amount  payable  on  death. 

h.  If  the  employe  leaves  collateral  heirs  dependent  upon  his  earnings, 
such  a  percentage  of  the  sum  provided  in  section  'V  as  the  contribu- 
tions which  deceased  made  to  the  support  of  these  dependents,  bore  to 
his  earnings. 

c.  If  the  employe  leaves  no  widow  or  child  or  children,  parents  or 
lineal  or  collateral  heirs  dependent  upon  his  earnings,  a  sum  not  to 
exceed  one  hundred  and  fifty  dollars  for  burial  expenses. 

d.  All  compensation  provided  for  in  this  section  to  be  paid  in  case 
injury  results  in  death,  shall  be  paid  in  installments  equal  to  one-half 
the  average  earnings,  at  the  same  intervals  at  which  the  wages  or  earn- 
ings of  the  employe  were  paid  while  he  was  living;  or  if  this  shall  not 
be  feasable.  then  the  installments  shall  be  paid  weekly. 

e.  The  compensation  to  be  paid  for  injuries  which  result  in  death, 
as  provided  for  in  this  section,  shall  be  paid  to  the  personal  representa- 
tive of  the  deceased  employe  and  shall  be  distributed  by  such  personal 
representative  to  the  beneficiaries  entitled  thereto,  in  accordance  with 
the  laws  of  this  State  relating  to  the  descent  and  distribution  of  personal 
property. 

§  5.  The  amount  of  compensation  which  the  employer  who  accepts 
the  provisions  of  this  Act  shall  provide  and  pay  for  injury  to  the  employ^ 
resulting  in  disability  shall  be : 

a.  Necessary  first  aid,  medical,  surgical  and  hospital  services,  also 
medicine  and  hospital  services  for  a  period  not  longer  than  eight  weeks, 
not  to  exceed,  however,  the  amount  of  $200.00,  also  necessary  services 
of  a  physician  or  surgeon  during  such  period  of  disability,  unless  such 
employe  elects  to  secure  his  own  physician  or  surgeon. 

h.  If  the  period  of  disability  lasts  for  more  than  six  working  days, 
and  such  fact  is  determined  by  the  physician  or  physicians,  as  provided 
in  section  9,  compensation  equal  to  one-half  of  the  earnings,  but  not 


74  BUREAU    OF   LABOR    STATISTICS. 

less  than  $5.00  nor  more  than  $12.00  per  week,  beginning  on  the  eighth 
day  of  disability,  and  as  long  as  the  disability  lasts,  or  until  the  amount 
of  compensation  paid  equals  the  amount  payable  as  a  death  benefit. 

c.  If  any  employe,  by  reason  of  any  accident  arising  out  of  and  in 
the  course  of  his  employment,  receive  any  serious  and  permanent  dis- 
figurement to  the  hands  or  face,  but  which  injury  does  not  actually  inca- 
pacitate the  employe  from  pursuing  his  usual  or  customary  employment 
so  that  it  is  possible  to  measure  compensation  in  accordance  with  the 
scale  of  compensation  and  the  methods  of  computing  the  same  herein 
provided,  such  employe  shall  have  the  right  to  resort  to  the  arbitration 
provisions  of  this  Act  for  the  purpose  of  determining  a  reasonable 
amount  of  compensation  to  be  paid  to  such  employe,  but  not  to  exceed 
one-quarter  (%)  the  amount  of  his  compensation  in  case  of  death. 

d.  If  after  the  injury  has  been  received  it  shall  appear  upon  medical 
examination  as  provided  for  in  section  9,  that  the  employe  has  been  par- 
tially, though  permanently  incapacitated  from  pursuing  his  usual  and 
customary  line  of  employment,  he  shall  receive  compensation  equal' to 
one-half  of  the  difference  between  the  average  amount  which  he  earned 
before  the  accident,  and  the  average  amount  which  he  is  earning,  or  is 
able  to  earn  in  some  suitable  employment  or  business  after  the  accident, 
if  such  employment  is  secured. 

e.  In  the  case  of  complete  disability  which  renders  the  employe 
wholly  and  permanently  incapable  of  work,  compensation  for  the  first 
eight  years  after  the  day  the  injury  was  received,  equal  to  50  per  cent  of 
his  earnings,  but  not  less  than  $5.00  nor  more  than  $12.00  per  week. 
If  complete  disability  continues  after  the  payment  of  a  sum  equal  to 
the  amount  of  the  death  benefit  or  after  the  expiration  of  the  eight 
years,  then  a  compensation  during  life,  equal  to  8  per  cent  of  the  death 
benefit  which  would  have  been  payable  had  the  accident  resulted  in  death. 
Such  compensation  shall  not  be  less  than  $10.00  per  month  and  shall  be 
payable  monthly. 

(1)  In  case  death  occurs  before  the  total  of  the  pa^rments  made 
equals  the  amount  payable  as  a  death  benefit,  as  provided  in  section  4, 
article  a,  then  in  case  the  employe  leaves  any  widow,  child  or  children, 
or  parents,  or  other  lineal  heirs,  they  shall  be  paid  the  difference  between 
the  compensation  for  death  and  the  sum  of  such  payment,  but  in  no 
case  shall  this  sum  be  less  than  $500.00. 

(2)  In  cases  of  complete  disability,  after  compensation  has  been  paid 
at  the  specified  rate  for  a  term  of  at  least  six  months,  the  employe  shall 
have  the  privilege  of  filing  a  petition  in  accordance  with  article  d  of 
section  4  of  this  Act,  asking  for  a  lump  sum  payment  of  the  difference 
between  the  sum  of  the  payments  received  and  the  compensation  to  which 
he  was  entitled  when  such  permanent  disability  has  been  definitely  deter- 
mined. For  the  purpose  of  this  section,  biindness  or  the  total  irre- 
coverable loss  of  sight,  the  loss  of  both  feet  at  or  above  the  ankle,  the 
loss  of  both  hands  at  or  above  the  wrist,  the  loss  of  one  hand  and  one 
foot,  an  injury  to  the  spine  resulting  in  permanent  paralysis  of  the  legs 
or  arms,  and  a  fracture  of  the  skull  resulting  in  incurable  imbecility  or 


LABOR   LEGISLATION   FORTY-SEVEXTH   GENERAL   ASSEMBLY.  75 

insanity,  shall  be  considered  complete  and  permanent  disability:  Pr(y- 
vided,  these  specific  cases  of  complete  disability  shall  not,  however,  be 
construed  as  excluding  other  cases. 

(3)  In  fixing  the  amount  of  the  disability  payments,  regard  shall  be 
had  to  any  payments,  allowance  or  benefit  which  the  employe  may  have 
received  from  the  employer  during  the  period  of  his  incapacity,  except 
the  expenses  of  necessary  medical  or  surgical  treatment.  In  no  event, 
except  in  cases  of  complete  disability  as  defined  above,  shall  any  weekly 
payment  payable  under  the  compensation  plan  in  this  section  provided 
exceed  $12.00  per  week,  or  extend  over  a  period  of  more  than  eight  years 
from  the  date  of  the  accident.  In  case  an  injured  employe  shall  be 
incompetent  at  the  time  when  any  right  or  privilege  accrues  to  him 
under  the  provisions  of  this  Act,  a  conservator  or  guardian  of  the  incom- 
petent, appointed  pursuant  to  law,  may  on  behalf  of  such  incompetent, 
claim  and  exercise  any  such  right  or  privilege  with  the  same  force  and 
effect  as  if  the  employe  himself  had  been  competent  and  had  claimed 
or  exercised  said  right  or  privilege;  and  no  limitations  of  time  by  this 
Act  provided,  shall  run  so  long  as  said'  incompetent  employe  had  no  con- 
servator or  guardian. 

§  514.  Any  person  entitled  to  compensation  under  this  Act,  or  any 
employer  who  shall  be  bound  to  pay  compensation  under  this  Act,  who 
shall  desire  to  have  such  compensation,  or  any  part  thereof,  paid  in  a 
lump  sum,  may  petition  any  court  of  competent  jurisdiction  of  the 
county  in  which  the  employe  resided  or  worked  at  the  time  of  disability 
or  death,  asking  that  such  compensation  be  so  paid,  and  if  upon  proper 
notice  to  the  interested  parties,  and  a  proper  showing  made  before  such 
court,  it  appears  to  the  best  interest  of  the  parties  that  such  compensation 
be  so  paid,  the  court  shall  order  payment  of  a  lump  sum,  and  where 
necessar}',  upon  proper  application  being  made,  a  guardian,  conservator 
or  administrator,  as  the  case  may  be,  shall  be  appointed  for  any  person 
under  disability  who  may  be  entitled  to  any  such  compensation,  and  an 
employer  bound  by  the  terms  of  this  Act,  and  liable  to  pay  such  com- 
pensation, may  petition  for  such  appointment  where  no  such  legal  repre- 
sentatives have  been  appointed  or  acting  for  such  party  or  parties  so 
under  disability. 

§  6.  The  basis  for  computing  the  compensation  provided  for  in  sec- 
tions 4  and  5  of  the  Act  shall  be  as  follows : 

a.  The  compensation  shall  be  computed  on  the  basis  of  the  annual 
earnings  which  the  injured  person  received  as  salary,  wages  or  earnings 
in  the  emplo}Tnent  of  the  same  employer  during  the  year  next  preced- 
ing the  injury. 

l.  Employment  by  the  same  employer  shall  be  taken  to  mean  employ- 
ment by  the  same  employer  in  the  grade  in  which  the  employe  was 
employed  at  the  time  of  the  accident,  uninterrupted  by  absence  from 
work  due  to  illness  or  any  other  unavoidable  cause. 

c.  The  annual  earnings  if  not  otherwise  determinable  shall  be  re- 
garded as  300  times  the  average  daily  earnings  in  such  computation. 

d.  If  the  injured  person  has  not  been  engaged  in  the  employment  for 
a  full  year  immediately  preceding  the  accident,  the  compensation  shall 
be  computed  according  to  the  annual  earnings  which  persons  of  the  same 


76  BUKEAU    OF    LABOR    STATISTICS. 

class  in  the  same  or  in  neighboring  employments  of  the  same  kind  have 
earned  during  such  period.  And  if  this  basis  of  computation  is  impos- 
sible, or  should  appear  to  be  unreasonable,  three  hundred  times  the 
amount  which  the  injured  person  earned  on  an  average  on  those  days 
when  he  was  working  during  the  year  next  preceding  the  accident,  shall 
be  used  as  a  basis  for  the  computation. 

e.  In  the  case  of  injured  employes  who  earn  either  no  wage  or  less 
than  three  hundred  times  the  usual  daily  wage  or  earnings  of  the  adult 
day  laborers  in  the  same  line  of  industry  of  that  locality,  the  yearly 
wage  shall  be  reckoned  as  three  hundred  times  the  average  daily  local 
wage. 

/.  As  to  employes  in  employments  in  which  it  is  the  custom  to  oper- 
-ate  for  a  part  of  the  whole  number  of  working  days  in  each  year,  such 
number  shall  be  used  instead  of  three  hundred  as  a  basis  for  computing 
the  annual  earnings,  provided  the  minimum  number  of  days  which  shall 
be  used  for  the  basis  of  the  year's  work  shall  be  not  less  than  two  hun- 
dred. 

g.  Earnings,  for  the  purpose"  of  this  section,  shall  be  based  on  the 
earnings  for  the  number  of  hours  commonly  regarded  as  a  day's  work 
for  that  employment,  and  shall  exclude  overtime  earnings.  The  earn- 
ings shall  not  include  any  sum  which  the  employer  has  been  accustomed 
to  pay  the  employe  to  cover  any  special  expense  entailed  on  him  by  the 
nature  of  his  emplo3rment. 

h.  In  computing  the  compensation  to  be  paid  to  any  employe  who, 
before  the  accident  for  which  he  claims  compensation,  was  disabled  and 
drawing  compensation  under  the  terms  of  this  Act,  the  compensation 
for  each  subsequent  injury  shall  be  apportioned  according  to  the  propor- 
tion of  incapacity  and  disability  caused  by  the  respective  injuries  which 
he  may  have  suffered. 

§  7.  The  compensation  herein  provided  shall  be  the  measure  of  the 
responsibility  which  the  employer  has  assumed  for  injuries  or  death  that 
may  occur  to  employes  in  his  employment  subject  to  the  provisions  of 
this  Act,  and  it  shall  not  be  in  any  way  reduced  by  contributions  from 
employes. 

§  8.  If  it  is  proved  that  the  injury  to  the  employe  resulted  from  his 
deliberate  intention  to  cause  such  injury,  no  compensation  with  respect 
to  that  injury  shall  be  allowed. 

§  9.  Any  employe  entitled  to  receive  disability  payments  shall  Be 
required  if  requested  by  the  employer  to  submit  himself  for  examination 
at  the  expense  of  the  employer  to  a  duly  qualified  medical  practitioner 
or  surgeon  selected  by  the  employer,  at  a  time  and  place  reasonably  con- 
venient for  the  employe,  as  soon  as  practicable  after  the  injury,  and  also 
one  week  after  the  first  examination,  and  thereafter  at  intervals  not 
oftener  than  once  every  four  weeks,  which  examinations  shall  be  for  the 
purpose  of  determining  the  nature,  extent  and  probable  duration  of  the 
injury  received  by  the  employe,  and  for  the  purpose  of  adjusting  the 
compensation  which  may  be  due  the  employe  from  time  to  time  for 
rlisability  according  to  the  provisions  of  sections  4  and  5  of  this  Act: 
Provided,  however,  that  such  examination  sliall  be  made  in  the  presence 
of  a  duly  qualified  medical  practitioner  or  surgeon  provided  and  paid 


LABOR    LEGISLATION    FORTY-SEVEXTH    GENERAL   ASSEINIBLY.  i7 

for  by  the  employe,  if  such  employe  so  desires,  and  in  the  event  of  a 
disagreement  between  said  medical  practitioners  or  surgeons  as  to  the 
nature,  extent  or  probable  duration  of  said  injury  or  disability,  they  may 
agree  upon  a  third  medical  practitioner  or  surgeon,  and,  failing  to  agree 
upon  such  third  niedical  practitioner  or  surgeon,  the  judge  of  the  county 
court  of  the  county  where  the  employe  resided  or  was  employed  at  the 
time  of  the  injury,  shall  within  six  days  after  petition  filed  in  such 
court  for  that  purpose,  select  a  third  medical  practitioner  or  surgeon  and 
the  majority  report  of  such  three  physicians  as  to  the  nature,  extent  and 
probable  duration  of  such  injury  or  disability  shall  be  used  for  the  pur- 
pose of  estimating  the  amount  of  compensation  payable  under  this  Act. 
If  the  employe  refuses  so  to  submit  himself  to  examination  or  unneces- 
sarily obstructs  the  same,  his  right  to  compensation  payments  shall  be 
temporarily  suspended  until  such  examination  shall  have  taken  place,, 
and  nq  compensation  shall  be  payable  under  this  Act  during  such  period. 
§  10.  Any  question  of  law  or  fact  arising  in  regard  to  the  application 
of  this  law  in  determining  the  compensation  payable  hereunder  shall 
be  determined  either  by  agreement  of  the  parties  or  by  arbitration  as 
herein  provided.  In  case  any  such  question  arises  which  cannot  be  set- 
tled by  agreement,  the  employe  and  the  employer  shall  each  select  a  dis- 
interested party  and  the  judge  of  the  county  court,  or  other  court  of 
competent  jurisdiction,  of  the  county  where  the  injured  employe  resided 
or  worked  at  the  time  of  the  injury,  shall  appoint  a  third  disinterested 
party,  such  persons  to  constitute  a  board  of  arbitrators  for  the  purpose 
of  hearing  and  determining  all  such  disputed  questions  of  law  or  fact 
arising  in  regard  to  the  application  of  this  law  in  determining  the  com- 
pensation payable  hereunder;  and  it  shall  be  the  duty  of  both  employe 
and  employer  to  submit  to  such  board  of  arbitrators  not  later  than  ten 
days  after  the  selection  and  appointment  of  such  arbitrators  all  facts  or 
evidence  which  may  be  in  their  possession  or  under  their  control,  relating 
to  the  questions  to  be  determined  by  said  arbitrators;  and  said  board 
of  arbitrators  shall  hear  all  the  evidence  submitted  by  both  parties  and 
they  shall  have  access  to  any  books,  papers  or  records  of  either  the 
employer  or  the  employe  showing  any  facts  which  may  be  material  to 
the  questions  before  them,  and  they  shall  be  empowered  to  visit  the 
place  or  plant  where  the  accident  occurred,  to  direct  the  injured  employe 
to  be  examined  by  a  regular  practicing  physician  or  surgeon,  and  to  do 
all  other  acts  reasonably  necessary  for  a  proper  investigation  of  all 
matters  in  dispute.  A  copy  of  the  report  of  the  arbitrators  in  each  case 
shall  be  prepared  and  filed  by  them  with  the  State  Bureau  of  Labor 
Statistics,  and  shall  be  binding  upon  both  the  employer  and  employe 
except  for  fraud  and  mistake :  Provided,  that  either  party  to  such  arbi- 
tration shall  have  the  right  to  appeal  from  such  report  or  award  of  the 
arbitrators  to  the  circuit  court  or  the  court  that  appointed  the  third 
arbitrator  of  the  county  where  the  injury  occurred  by  filing  a  petition  in 
such  court  within  twenty  days  after  the  filing  of  the  report  of  the  arbi- 
trators, and  upon  filing  a  good  and  sufficient  bond,  in  the  discretion  of 
the  court,  and  upon  such  appeal  the  questions  in  dispute  shall  be  heard 
de  novo,  and  either  party  may  have  a  jury  upon  filing  a  written  demand 
therefor  with  hi?  petition. 


78  BUREAU  OF  LABOR  STATISTICS. 

§  11.  Any  person  entitled  to  payment  under  the  compensation  pro-- 
visions  of  this  Act  from  any  employer  shall  have  the  same  preferential 
claim  therefor  against  the  property  of  the  employer  as  is  now  allowed 
by  law  for  a  claim  by  such  person  against  such  employer  for  unpaid 
wages  or  for  personal  services,  such  preference  to  prevail  against  wage 
claims  of  all  other  employes^  not  entitled  to  compensation  for  injuries, 
and  the  payments  due  under  such  compensation  provisions  shall  not  be 
subject  to  attachment,  levy,  execution,  garnishment  or  satisfaction  of 
debts,  except  to  the  same  extent  and  in  the  same  manner  as  wages  or 
earnings  for  personal  service  are  now  subject  to  attachment,  lev}%  exe- 
cution, garnishment  or  satisfaction  of  debts,  under  the  laws  of  this 
State,  and  shall  not  be  assignable.  Any  right  to  receive  compensation 
hereunder  shall  be  extinguished  by  the  death  of  the  person  or  persons 
entitled  thereto,  subject  to  the  provisions  of  this  Act  relative  to  compen- 
sation for  death  received  in  the  course  of  employment.  No  claim  of 
any  attorney  at  law  for  services  in  securing  a  recovery  under  this  Act 
shall  be  an  enforceable  lien  thereon  unless  the  amount  of  the  same  be 
approved  in  writing  by  a  judge  of  a  court  of  record,  which  approval  may 
be  made  in  term  time  or  vacation. 

§  12.  Any  contract  or  agreement  made  by  any  employer  or  his  agent 
or  attorney  with  any  employe  or  any  other  beneficiary  of  any  claim  under 
the  provisions  of  this  Act  within  seven  days  after  the  injury  shall  be 
presumed  to  be  fraudulent. 

§  13.  No  employe  or  beneficiary  shall  have  power  to  waive  any  of 
the  provisions  of  this  Act  in  regard  to  the  amount  of  compensation  which 
may  be  payable  to  such  employe  or  beneficiary  hereunder. 

§  14.  No  proceedings  for  compensation  under  this  Act  shall  be 
maintained  unless  notice  of  the  accident  has  been  given  to  the  employer 
as  soon  as  practicable  after  the  happening  thereof,  and  during  such  dis- 
ability, and  unless  claim  for  compensation  has  been  made  within  six 
months  after  the  injury,  except  that  in  case  of  an  accident  resulting  in 
temporary  disability,  notice  of  such  accident  must  be  given  to  the  em- 
ployer within  thirty  days  after  said  accident;  or  in  case  of  the  death 
of  the  employe  or  in  the  event  of  his  incapacity,  within  six  months  after 
such  death  or  incapacity,  or  in  the  event  that  payments  have  been  made 
under  the  provisions  of  this  Act,  within  six  months  after  such  payments 
have  ceased.  No  want  or  defect  or  inaccuracy  of  such  notice  shall  be  a 
bar  to  the  maintenance  of  proceedings  by  arbitration  or  otherwise  by  the 
employe,  unless  the  employer  proves  that  he  is  unduly  prejudiced  in 
such  proceedings  by  such  want,  defect  or  inaccuracy.  Notice  of  the  acci- 
dent shall,  in  substance  apprise  the  employer  of  the  claini  of  compen- 
sation made  and  shall  state  the  name  and  address  of  the  employe  in- 
jured, the  approximate  date  and  place  of  the  accident,  if  known,  and 
in  simple  language  the  cause  thereof;  which  notice  may  be  served  per- 
sonally or  by  registered  mail,  addressed  to  the  employer  at  his  last 
known  residence  or  place  of  business :  Provided,  that  the  failure  on  the 
part  of  any  person  entitled  to  such  compensation  to  give  such  notice 
shall  not  relieve  the  employer  from  his  liability  for  such  compensation, 


LABOR   LEGISLATION   FORTY-SEVENTH   GENERAL   ASSEMBLY.  79 

when  the  facts  and  circumstances  of  such  accident  are  known  to  such 
employer  or  his  agent,  supervising  work  in  which  such  employe  was 
engaged  at  the  time  of  the  injury. 

§  15.  This  Act  shall  not  affect  or  disturb  the  continuance  of  any 
existing  insurance,  mutual  aid,  benefit,  or  relief  association  or  depart- 
ment, whether  maintained  in  whole  or  in  part  by  the  employer  or 
whether  maintained  by  the  employes,  the  payment  of  benefits  of  such 
association  or  department  being  guaranteed  by  the  employer  or  by  some 
person,  firm  or  corporation  for  him:  Provided,  the  employer  con- 
tributes to  such  association  or  department  an  amount  sufficient  to  insure 
the  employes  or  other  beneficiary  the  full  compensation  herein  provided, 
exclusive  of  the  cost  of  the  maintenance  of  such  association  or  depart- 
ment without  any  expense  to  the  employe.  This  Act  shall  not  prevent 
the  organization  and  maintaining  under  the  insurance  law  of  this  State 
of  any  benefit  or  insurance  company  for  the  purpose  of  insuring  against 
the  compensation  provided  for  in  this  Act,  the  expense  of  which  is 
maintained  by  the  employer.  This  Act  shall  not  prevent  the  organi- 
zation or  maintaining  under  the  insurance  laws  of  this  State  of  any 
voluntary  mutual  aid,  benefit  or  relief  association  among  employes  for 
the  payment  of  additional  accident  or  sick  benefits. 

No  existing  insurance,  mutual  aid,  benefit  or  relief  association  or 
department  shall,  by  reason  of  anything  herein  contained,  be  authorized 
to  discontinue  its  operation  without  first  discharging  its  obligations  lo 
any  and  all  persons  carrying  insurance  in  the  same  or  entitled  to  relief 
or  benefits  therein. 

Any  contract  of  employment,  relief  benefit,  or  insurance  or  other 
device  whereby  the  employe  is  required  to  pay  any  premium  or  premiums 
for  insurance  against  the  compensation  provided  for  in  this  Act  shall 
be  null  and  void,  and  any  employer  withholding  from  the  wages  of  any 
employe  any  amount  for  the  purpose  of  paying  any  such  premium  shall 
be  guilty  of  a  misdemeanor  and  punishable  by  a  fine  of  not  less  than 
ten  dollars  nor  more  than  twenty-five  dollars  in  each  offense  in  the 
discretion  of  the  court. 

§  16.  Any  person  who  shall  become  entitled  to  compensation  under 
the  provisions  of  this  Act,  shall,  in  the  event  of  his  inability  to  recover 
such  compensation  from  the  employer  on  account  of  his  insolvency,  be 
subrogated  to  all  the  rights  of  such  employer  against  any  insurance 
company  or  association  which  may  have  insured  such  employer  against 
loss  growing  out  of  the  compensation  required  by  the  provisions  of  this 
Act  to  be  paid  by  such  employer,  and*  in  such  case  only,  a  payment  of 
the  compensation  that  has  accrued  to  the  person  entitled  thereto  in 
accordance  with  the  provisions  of  this  Act,  shall  relieve  such  insurance 
company  from  such  liability. 

§  17.  Where  the  injury  for  which  compensation  is  payable  under 
this  Act  was  caused  under  circumstances  creating  a  legal  liability  in 
some  person,  other  than  the  employer,  to  pay  damages  in  respect  thereof: 


80  BUREAU   OF    LABOR    STATISTICS. 

a.     The  employe  or  beneficiary  may  take  proceedings  both  against; 
that  person  to  recover  damages  and  against  the  employer  for  compen- 
sation, but  the  amount  of  the  compensation  which  he  is  entitled  to  under 
this  Act  shall  be  reduced  by  the  amount  of  damages  recovered. 

h.  If  the  employe  or  beneficiary  has  recovered  compensation  under 
this  Act,  the  employer  by  whom  the  compensation  was  paid  or  the  per- 
son who  has  been  called  upon  to  pay  the  indemnity  under  sections  4 
and  5  of  this  Act,  may  be  entitled  to  indemnity  from  the  person  so  liable 
to  pay  damages  as  aforesaid,  and  shall  be  subrogated  to  the  rights  of  the 
employe  to  recover  damages  therefor. 

§  18.  An  agreement  or  award  may,  at  any  time  after  six  months, 
and  before  eighteen  months,  from  the  date  of  filing,  be  reviewed,  upon 
the  application  of  either  party,  on  the  ground  that  the  incapacity  of  the 
employe  has  subsequently  increased  or  diminished.  Such  application 
shall  be  made  to  any  court  of  competent  jurisdiction;  and  unless  the 
parties  consent  to  arbitration,  the  court  may  appoint  a  medical  practi- 
tioner to  examine  the  employe  and  report  upon  his  condition ;  and  upon 
his  report,  and  after  hearing  all  the  evidence  the  court  may  modify 
such  agreement  or  award,  as  may  be  just,  by  ending,  increasing  or  di- 
minishing the  compensation,  subject  to  the  limitations  hereinbefore  pro- 
vided. 

§  19.  It  shall  be  the  duty  of  every  employer  within  the  provisions 
of  this  Act  to  send  to  the  secretary  of  the  State  Bureau  of  Labor  Sta- 
tistics in  writing  an  immediate  report  of  all  accidents  or  injuries  arising 
out  of  or  in  the  course  of  the  employment  and  resulting  in  death;  it 
shall  also  be  the  duty  of  every  such  employer  to  report  between  the  15  th 
and  the  25th  of  each  month  to  the  secretary  of  the  State  Bureau  of  Labor 
Statistics  all  accidents  or  injuries  for  which  compensation  has  been  paid 
under  this  Act,  which  accidents  or  injuries  entail  a,  loss  to  the  employe 
of  more  than  one  week^s  time,  and  in  case  the  injury  results  in  per- 
manent disability,  such  report  shall  be  made  as  soon  as  it  is  determined 
that  such  permanent  disability  has  resulted  or  will  result  from  such 
injury.  All  such  reports  shall  state  the  date  of  the  injury,  including 
the  time  of  day  or  night,  the  nature  of  the  employer's  business,  the  age, 
sex,  conjugal  condition  of  the  injured  person,  the  specific  occupation 
of  the  injured  person,  the  direct  cause  of  the.  injury  and  the  nature 
of  the  accident,  the  nature  of  the  injury,  the  length  of  disability  and, 
in  case  of  death,  the  length  of  disability  before  death,  the  wages  of  the 
injured  person,  whether  compensation  has  been  paid  to  the  injured  per- 
son, or  to  his  legal  representative  or  his  heirs  or  next  of  kin,  the  amount 
of  compensation  paid,  the  amount  paid  for  physicians^,  surgeons'  and 
hospital  bills,  and  by  whom  paid,  and  the  amount  paid  for  funeral 
or  burial  expenses,  if  known.  The  making  of  reports  as  provided  herein 
shall  release  the  employer  covered  by  the  provisions  of  this  Act  from 
making  such  reports  to  any  other  ofiicer  of  the  State. 

§  20.  Any  person,  firm  or  corporation  who  undertakes  to  do  or  con- 
tracts with  others  to  do,  or  have  done  for  him,  them  or  it,  any  work  em- 
braced in  section  2  of  this  Act,  requiring  such  dangerous  employment 
of  employes  in,  or  about  premises  where  he,  they  or  it,  as  principal  or 


LABOR    LEGISLATIOX    FORTY-SEVEXTII    GENERAL   ASSEMBLY.  81 

principal^^  contract  to  do  such  work  or  any  part  thereof,  and  does  not 
require  that  the  compensation  provided  for  in  this  Act  shall  be  insured 
to  the  employe  or  beneficiary  by  any  such  person,  firm  or  corporation 
undertaking  to  do  such  work  and  any  such  person,  firm  or  corporation 
who  creates  or  carries  into  operation  any  fraudulent  scheme*,  artifice 
or  device  to  enable  him,  them  or  it  to  execute  such  work  without  such 
person,  firm  or  corporation  being  responsible  to  the  employe  or  bene- 
ficiaries entitled  to  such  compensation  under  the  provisions  of  this  Act, 
such  person,  firm  or  corporation  shall  be  included  in  the  term  "em- 
ployer" and  with  the  immediate  employer  shall  be  jointly  and  severally 
liable  to  pay  the  compensation  herein  provided  for,  and  be  subject  to 
all  the  provisions  of  this  Act. 

§  21.  The  term  "employe"  as  used  in  this  Act  shall  be  held  to  include 
only  such  persons  as  may  be  exposed  to  the  necessary  hazards  of  carry- 
ing on  any  employment  or  enterprise  referred  to  in  section  2  of  this 
Act.  Persons  whose  employment  is  of  a  casual  nature  and  who  are 
employed  otherwise  than  for  the  purpose  of  the  employers'  trade  or  busi- 
ness, are  not  included  in  the  foregoing  definition. 

§  22.  Section  21  shall  not  be  construed  to  include  any  employe 
engaged  in  any  work  of  an  incidental  character  unconnected  with  the 
dangers  necessarily  involved  in  carrying  on  any  employment  or  enter- 
prise referred  to  in  section  2,  or  in  any  work  of  a  clerical  or  administra- 
tive nature  which  does  not  expose  the  employe  to  the  inherent  hazards  of 
any  such  employment  or  enterprise. 

PENALTIES. 

§  23.  Any  willful  neglect,  refusal,  or  failure  to  do  the  things  re- 
quired to  be  done  by  any  section,  clause,  or  provision  of  this  Act,  on  the 
part  of  the  persons  herein  required  to  do  them,  or  any  violation 
of  any  of  the  provisions  or  requirements  hereof,  or  any  attempt  to  ob- 
struct or  interfere  with  any  court  officer,  member  of  an  arbitration  board 
herein  provided  for,  or  with  the  secretary  of  the  Bureau  of  Labor  Statis- 
tics or  his  deputy,  in  the  discharge  of  the  duties  herein  imposed  upon  any 
of  them,  or  any  refusal  to  comply  with  the  terms  of  this  Act,  shall  be 
deemed  a  misdemeanor,  punishable  by  a  fine  of  not  less  than  $10.00  nor 
more  than  $500,  at  the  discretion  of  the  court. 

§  23%.  The  right  of  action  for  damages  caused  by  any  such  injury, 
at  common  law  or  other  statute  in  force  prior  to  the  taking  effect 
hereof  shall  not  be  affected  by  this  Act  and  every  existing  right  of  action 
for  negligence  or  to  recover  damages  for  injury  resulting  in  death,  is 
continued  and  nothing  in  this  Act  shall  be  construed  as  limiting  the 
right  of  such  action  so  accrued  before  the  taking  effect  of  this  Act. 

§  24.  The  invalidity  of  any  portion  of  this  Act  shall  in  no  way 
affect  the  validity  of  any  other  portion  thereof  which  can  be  given  effect 
without  f^uch  invalid  nart. 

§  25.  This  Act  shall  take  effect  and  be  in  force  on  and  after  the 
1st  day  of  May,  1912. 

Approved  June  10,  1911. 

— 6  L  L 


82  bureau  of  labopw  statistics. 

Occupational  Diseases. 
(House  Bill  No.  250.) 

An  Act  to  promote  the  public  health  by  protecting  certain  employes  t?i 

this  State  from  the  dangers  of  occupational  diseases,  and  providing 

for  the  enforcement  thereof. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois  repre- 
sented in  the  General  Assembly:  That  every  employer  of  labor  in  this 
State,  engaged  in  carrying  on  any  work  or  process  which  may  produce 
any  illness  or  disease  peculiar  to  the  work  or  process  carried  on,  or  which 
subjects  the  employes  to  the  danger  of  illness  or  disease  incident  to  such 
work  or  process,  to  which  employes  are  not  ordinarily  exposed  in  other 
lines  of  employment,  shall,  for  the  protection  of  all  employes  engaged  in 
such  work  or  process,  adopt  and  provide  reasonable  and  approved  de- 
vices, means  or  methods  for  the  prevention  of  such  industrial  or  occu- 
pational diseases  as  are  incident  to  such  work  or  process, 

§  2.  Every  employer  in  this  State  engaged  in  the  carrying  on  of  any 
process  of  manufacture  or  labor  in  which  sugar  of  lead,  white  lead,  lead 
chromate,  lithrage,  red  lead,  arsenate  of  lead,  or  paris  green  are  em- 
ployed, used  or  handled,  or  the  manufacture  of  brass  or  the  smelting  of 
lead  or  zinc,  which  processes  and  employments  are  hereby  declared  to  be 
especially  dangerous  to  the  health  of  the  employes  engaged  in  any  pro- 
cess of  manufacture  or  labor  in  which  poisonous  chemicals,  minerals  or 
other  substances  are  used  or  handled  by  the  employes  therein  in  harmful 
quantities  or  under  harmful  conditions,  shall  provide  for  and  place 
at  the  disposal  of  the  employes  engaged  in  any  such  process  or  manu- 
facture and  shall  maintain  in  good  condition  and  without  cost  to  the 
employes,  proper  working  clothing  to  be  kept  and  used  exclusively  for 
such  employes  while  at  work,  and  all  employes  therein  shall  be  required 
at  all  times  while  they  are  at  work  to  use  and  wear  such  clothing;  and 
in  all  processes  of  manufacture  or  labor  referred  to  in  this  section 
which  are  unnecessarily  productive  of  noxious  or  poisonous  dusts,  ade- 
quate and  approved  respirators  shall  be  furnished  and  maintained  by 
the  employer  in  good  condition  and  without  cost  to  the  employes,  and 
such  employes  shall  use  such  respirators  at  all  times  while  engaged  in 
any  work  necessarily  productive  of  noxious  or  poisonous  dusts. 

§  3.  Every  employer  engaged  in  carrying  on  any  process  or  manu- 
facture referred  to  in  section  2  of  this  Act,  shall,  as  often  as  once  every 
calendar  month,  cause  all  employes  who  come  into  direct  contact  with  the 
poisonous  agencies  or  injurious  processes  referred  to  in  section  2  of  this 
Act,  to  be  examined  by  a  competent  licensed  physician  for  the  purpose 
of  ascertaining  if  there  exists  in  any  employe  any  industrial  or  occu- 
pational disease  or  illness,  or  any  disease  or  illness  due  or  incident  to  the 
character  of  the  work  in  which  the  employe  is  engaged. 

§  4.  It  is  hereby  made  the  duty  of  any  licensed  physician  who  shall 
make  the  physical  examination  of  employes  under  the  provisions  of 
section  3  of  this  Act,  to  make  an  immediate  report  thereof  to  the  State 
Board  of  Health  of  the  State  of  Illinois  upon  blanks  to  be  furnished 
by  said  board  upon  request,  and  if  no  such  disease  or  illness  is  found, 


LABOR   LEGISLATION   FORTY-SEVEXTH   GENERAL   ASSEMBLY.  83 

the  physician  shall  so  report,  and  if  any  such  disease  is  found,  the  re- 
port shall  state  the  name,  address,  sex  and  age  of  such  employe  and 
the  name  of  such  employer,  and  the  nature  of  the  disease  or  illness 
with  which  the  employe  is  afflicted,  and  the  probable  extent  and  duration 
thereof,  and  the  last  place  of  employment:  Provided,  that  the  failure 
of  any  such  physician  to  receive  the  blanks  of  the  State  Board  of  Health 
for  the  making  of  such  report,  shall  not  excuse  such  physician  from 
making  the  report  as  herein  provided. 

§  5.  The  secretary  of  the  State  Board  of  Health  shall,  immediately 
upon  receipt  of  any  report  from  any  physician  in  accordance  with  the 
provisions  of  section  4  of  this  Act,  transmit  a  copy  thereof  to  the  Illinois 
Department  of  Factory  Inspection. 

§  6.  Every  employer  engaged  in  carrying  on  any  process  or  manu- 
facture referred  to  in  section  2  of  this  Act,  shall  provide,  separate  and 
apart  from  the  workshop  in  which  such  employes  are  engaged,  a  dressing 
room  and  lavatory  for  the  use  of  such  employes  who  are  exposed  to 
poisonous  or  injurious  dusts,  fumes  and  gases,  and  such  lavatory  shall 
be  kept  and  maintained  in  a  clean  and  wholesome  manner  and  provided 
with  a  sufficient  number  of  basins  or  spigots,  with  adequate  washing 
facilities,  including  hot  and  cold  water,  clean  towels  and  soap  and 
shower  bath,  and  the  dressing  rooms  shall  be  furnished  with  clothes 
presses  or  compartments,  so  that  the  ordinary  street  clothes  of  such 
employes  shall  be  kept  separate  and  apart  from  their  working  clothes. 

§  7.  IsTo  employe  shall  take  or  be  allowed  to  take  any  food  or  drink 
of  any  kind  into  any  room  or  apartment  in  which  any  process  or  manu- 
facture referred  to  in  section  2  of  this  Act  is  carried  on,  or  in  which 
poisonous  substances  or  injurious  or  noxious  fumes,  dusts  or  gases  are 
present  as  the  result  of  such  work  or  process  being  carried  on  in  such 
room  or  apartment,  and  the  employes  shall  not  remain  in  any  such 
room  or  apartment  during  the  time  allowed  for  meals,  and  suitable 
provision  shall  be  made  and  maintained  by  the  employer  for  enabling 
the  employes  to  take  their  meals  elsewhere  in  such  place  of  employment, 
and  a  sufficient  number  of  sanitary  closed  receptacles  containing  whole- 
some drinking  water  shall  be  provided  and  maintained  for  the  use  of 
the  employes  within  reasonable  access  and  without  cost  to  them, 

§  8.  All  employers  engaged  in  carrying  on  any  process  or  manufac- 
ture referred  to  in  section  2.  of  this  Act,  shall  provide  and  maintain 
adequate  devices  for  carrying  off  all  poisonous  or  injurious  fumes  from 
any  furnaces  which  may  be  employed  in  any  such  process  or  manufac- 
ture, and  shall  also  provide  and  maintain  adequate  facilities  for  carrying 
off  all  injurious  dust,  and  the  floors  in  any  room  or  apartment  where 
such  work  or  process  is  carried  on  shall,  so  far  as  practicable,  be  kept 
and  maintained  in  a  smooth  and  hard  condition,  and  no  sweeping  shall 
be  permitted  during  working  hours  except  where  the  floors  in  such 
workshop  are  dampened  so  as  to  prevent  the  raising  of  dust ;  and  all  ore, 
slag,  dross  and  fume  shall  be  kept  in  some  room  or  apartment  separate 
from  the  working  rooms  occupied  by  the  employes,  and  where  practicable, 
all  mixing  and  weighing  of  such  ore,  slag,  dross  or  fume  shall  be  done 


84  BUREAU  OF  LABOR  STATISTICS. 

in  such  separate  room  or  apartment,  and  all  such  material  shall,  so 
far  as  practicable,  be  dampened  before  being  handled  or  transported,  by 
employes. 

§  9.  When  any  flues  are  used  in  any  such  process  or  manufacture 
referred  to  in  section  2  of  this  Act,  and  such  flues  are  being  cleaned  out 
or  emptied,  the  employer  shall  in  every  case  provide  and  maintain  a  suf- 
ficient and  adequate  means  or  device,  such  as  canvas  bags  or  other  prac- 
tical device,  or  by  dampening  the  dust,  or  some  other  suflScient  method 
for  catching  and  collecting  the  dust  and  preventing  it  from  unreasonably 
fouling  or  polluting  the  air  in  which  the  employes  are  obliged  to  work, 
and,  wherever  practicable,  the  dust  occasioned  in  any  process  or  manu- 
facture referred  to  in  section  2  of  this  Act,  and  any  polishing  or  finishing 
therein,  shall  be  dampened  or  wet  down,  and  every  reasonable  precaution 
shall  be  adopted  by  the  employer  to  prevent  the  unnecessary  creation  or 
raising  of  dust,  and  all  floors  shall  be  washed  or  scrubbed  at  least  once 
every  working  day;  and  such  parts  of  the  work  or  process  as  are  es- 
pecially dangerous  to  the  employes,  on  account  of  poisonous  fumes,  dusts- 
and  gases,  shall,  where  practicable,  be  carried  on  in  separate  rooms  and 
under  cover  of  some  suitable  and  sufficient  device  to  remove  the  danger 
to  the  health  of  such  employe,  as  far  as  may  be  reasonably  consistent  with 
the  manufacturing  process,  and  the  fixtures  and  tools  employed  in  any 
such  process  of  manufacture,  shall  be  thoroughly  washed  and  cleanecl 
at  reasonable  intervals. 

§  10.  All  hoppers  or  chutes  or  similar  devices  used  in  the  course  of 
any  process  or  manufacture  referred  to  in  section  2  of  this  Act  shall,, 
where  practicable,  be  provided  with  a  hood  or  covering,  and  an  adequate 
and  sufficient  apparatus  or  other  proper  device  for  the  purpose  of  draw- 
ing away  from  the  employes  noxious,  poisonous  or  injurious  dusts,  and 
preventing  the  employes  from  coming  into  unnecessary  contact  there- 
with; and  all  conveyances  or  receptacles  used  for  the  transportation 
about  or  the  storage  in  any  place  where  any  such  process  or  manufacture 
referred  to  in  section  2  of  this  Act  is  carried  on,  shall  be  properly  covered 
or  dampened  in  such  way  as  to  protect  the  health  of  the  employes,  and 
no  refuse  of  a  dangerous  character  incident  to  the  work  or  process  car- 
ried on  in  any  such  place  shall  be  allowed  to  unnecessarily  accumulate 
on  the  floors  thereof. 

§  11.  It  shall  be  the  duty  of  the  State  Department  of  Factory  In- 
spection to  enforce  the  provisions  of  this  Act  and  to  prosecute  all  viola- 
tions of  the  same  before  any  magistrate  or  any  court  of  competent  juris- 
diction in  this  State,  and  for  that  purpose  such  department  and  its  in- 
spectors are  empowered  to  visit  and  inspect  at  all  reasonable  times  all 
places  of  employment  covered  by  the  provisions  of  this  Act.  In  the 
enforcement  of  the  provisions  hereof  the  Department  of  Factory  Inspec- 
tion shall  give  proper  notice  in  regard  to  any  violation  of  this  Act  ta 
any  employer  of  labor  violating  it,  and  directing  the  installment  of  any 
approved  device,  means  or  method  reasonably  necessary,  in  his  judg- 
ment, to  protect  the  health  of  the  employes  therein,  and  such  notice  shall 
be  written  or  printed  and  shall  be  signed  officially  by  the  Chief  State 
Factory  Inspector  or  the  assistant  Chief  State  Factory  Inspector,  and 


LABOR    LEGISLATION    fORTY-SEVEXTH    GENERAL    ASSEMBLY.  85 

said  notice  may  be  served  by  deiivering  the  same  to  the  person  upon 
whom  service  is  to  be  had^  or  by  leaving  at  his  usual  place  of  abode  or 
business  an  exact  copy  thereof,  or  by  sending  a  copy  thereof  to  such 
person  by  registered  mail,  and  upon  receipt  of  such  notice  calling  the 
attention  of  the  employer  to  such  violation,  he  shall  immediately  comply 
with  all  the  provisions  of  this  Act. 

§  12.  If  any  occupational  or  industrial  disease  or  illness  or  any 
disease  or  illness  peculiar  to  the  work  or  process  carried  on  shall  be 
found  in  any  place  of  employment  in  this  State  by  the  inspectors  of  the 
State  Department  of  Factory  Inspection,  or  called  to  their  attention  by 
the  State  Board  of  Health,  which  disease  or  illness  shall  be  caused  in 
whole  or  in  part,  in  the  opinion  of  the  inspector,  by  a  disregard  by  the 
employer  of  the  provisions  of  this  Act,  or  a  failure  on  the  part  of  the 
employer  to  adopt  reasonable  appliances,  devices,  means  or  methods 
which  are  known  to  be  reasonably  adequate  and  sufficient  to  prevent  the 
contraction  or  continuation  of  any  such  disease  or  illness,  it  shall  be  the 
duty  of  the  Department  of  Factory  Inspection  to  immediately  notify 
the  employer  in  such  place  of  employment,  in  the  manner  provided  in 
section  12  of  this  Act,  to  install  adequate  and  approved  appliances,  de- 
vices, means  or  methods  to  prevent  the  contracting  and  continuance  of 
any  such  disease  or  illness  and  to  comply  with  all  the  provisions  of 
this  Act. 

§  13.  For  the  purpose  of  disseminating  a  general  knowledge  of  the 
provisions  of  this  Act  and  of  the  dangers  to  the  health  of  employes  in 
any  work  or  process  covered  by  the  provisions  of  this  Act,  the  employer 
-shall  post  in  a  conspicuous  place  in  every  room  or  apartment  in  which 
any  such  work  or  process  is  carried  on,  appropriate  notices  of  the  known 
•dangers  to  the  health  of  any  such  employes  arising  from  such  work  or 
process,  and  simple  instructions  as  to  any  known  means  of  avoid int::,  so 
far  as  possible,  the  injurious  consequences  thereof,  and  the  Chief  State 
Factory  Inspector  shall,  upon  request,  have  prepared  a  notice  covering 
the  salient  features  of  this  Act,  and  furnish  a  reasonable  number  of 
•copies  thereof  to  employers  in  this  State,  covered  by  the  provisions  of 
this  Act,  which  notice  shall  be  posted  by  every  such  employer  in  a  con- 
spicuous place  in  every  room  or  apartment  in  such  place  of  employment. 
The  notices  required  by  this  section  shall  be  printed  on  cardboard  of 
suitable  character  and  the  type  used  shall  be  such  as  to  make  them  easily 
legible,  and  in  addition  to  English  they  shall  be  printed  in  such  other 
language  or  languages  as  may  be  necessary  to  make  them  intelligible  to 
"the  employes. 

§  14.  Any  person,  firm  or  corporation  who  shall,  personally  or 
through  any  agent,  violate  any  of  the  provisions  of  this  Act,  or  who 
omits  or  fails  to  comply  with  any  of  its  requirements,  or  who  obstructs 
■or  interferes  with  any  examination  or  investigation  being  made  by  the 
State  Department  of  Factory  Inspection  in  accordance  with  the  pro- 
visions of  this  Act,  or  any  employe  who  shall  violate  any  of  the  pro- 
visions of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and  on  con- 
viction thereof  shall  be  punished  for  the  first  offense  by  a  fine  of  not 
Tless   than    ten    dollars    ($10.00)    or    more    than    one    hundred    dollars 


86  BtFREAU    OF    LABOR    STATISTICS. 

($100.00),  and  upon  conviction  of  the  second  or  subsequent  offenses^ 
shall  be  fined  not  less  than  fifty  dollars  ($50.00)  or  more  than  two  hun- 
dred dollars  ($200.00),  and  in  each  case  shall  stand  committed  until 
such  fine  and  costs  are  paid,  unless  otherwise  discharged  by  due  process 
of  law. 

§  15.  For  any  injury  to  the  health  of  any  employe  proximately 
caused  by  any  willful  violation  of  this  Act  or  willful  failure  to  comply 
with  any  of  its  provisions,  a  right  of  action  shall  accrue  to  the  party 
whose  health  has  "been  so  injured,  for  any  direct  damages  sustained 
thereby ;  and  in  case  of  the  loss  of  life  by  reason  of  such  willful  violation 
or  willful  failure  as  aforesaid,  a  right  of  action  shall  accrue  to  the  widow 
of  such  deceased  person,  his  lineal  heirs  or  adopted  children,  or  to  any 
other  person  or  persons  who  were,  before  such  loss  of  life,  dependent 
for  support  upon  such  deceased  person,  for  a  like  recovery  of  damages 
for  the  injury  sustained  by  reason  of  such  loss  of  life,  not  to  exceed  the 
sum  of  ten  thousand  dollars :  Provided,  that  every  such  action  for  dam- 
ages in  case  of  death  shall  be  commenced  within  one  year  after  the- 
death  of  such  employe. 

§  16.  The  invalidity  of  any  portion  of  this  Act  shall  not  affect  the 
validity  of  any  other  portion  thereof  which  can  be  given  effect  without 
such  invalid  part. 

Approved  May  26,  1911. 


Ten-Hour  Law  for  Females  in  General  Employment. 

(Senate  Bill  No.  440.) 

An  Act  to  amend  sections  1  and  2  of  an  Act  entitled,  ''An  Act  to  regiu- 
late  and  limit  the  hours  of  employment  of  females  in  any  mechanical 
establishment  or  factory  or  laundry  in  order  to  safeguard  the  health 
of  such  employes;  to  provide  for  its  enforcement  and  a  penalty  for 
its  violation;  approved  June  15,  1909,  in  force  July  1,  1909"';  and  to 
add  an  additional  section  thereto  to  he  known  as  section  5,  and  to 
amend  the  title  of  said  Act. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  sections  1  and  2  of  an  Act  en- 
titled, "An  Act  to  regulate  and  limit  the  hours  of  employment  of  fe- 
males in  any  mechanical  establishment  or  factory  or  laundry  in  order 
to  safeguard  the  health  of  such  employes ;  to  provide  for  its  enforcement 
and  a  penalty  for  its  violation,"  be  and  the  same  are  hereby  amended, 
and  an  additional  section  to  be  known  as  section  5  be  added  thereto, 
and  the  title  of  said  Act  shall  be  amended  and  the  same  shall  read  as 
follows : 

§  1.  That  no  female  shall  be  employed  in  any  mechanical 
or  mercantile  establishment,  or  factory,  or  laundry,  or  hotel,  or  restaur- 
ant, or  telegraph  or  telephone  establishment  or  office  thereof,  or  in  any 
place  of  amusement,  or  by  any  person,  firm  or  corporation  engaged  in 
any  express  or  transportation  or  public  utility  business,  or  by  any  com- 


LABOR   LEGISLATION    FORTY-SEVENTH    GENERAL   ASSEMBLY.  87 

mon  carrier,  or  in  any  public  institution,  incorporated  or  unincorporated 
in  this  State,  more  than  ten  hours  during  any  one  day.  The  hours  of 
work  may  be  so  arranged  as  to  permit  the  employment  of  females  at 
any  time  so  that  they  shall  not  work  more  than  ten  hours  during  the 
twenty-four  hours  of  any  day. 

§  2.  Any  employer  who  shall  require  or  permit  or  suffer  any  female 
to  work  in  any  of  the  places  mentioned  in  section  1  of  this  Act  more 
than  the  number  of  hours  provided  for  in  this  Act,  during  any  day  of 
twenty-four  hours,  or  who  shall  fail,  neglect  or  refuse  so  to  arrange  the 
work  of  females  in  his  employ  that  they  shall  not  work  more  than  the 
number  of  hours  provided  for  in  this  Act,  during  any  one  day,  or  who 
shall  permit  or  suffer  any  overseer,  superintendent  or  other  agent  of  any 
such  employei  to  violate  any  of  the  provisions  of  this  Act,  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  for  each 
offense  in  a  sum  of  not  less  than  $25.00  or  more  than  $100.00. 

§  5.  Every  employer  to  whom  this  Act  shall  apply,  shall  keep  a  time 
book  or  record  showing  for  each  day  that  his  establishment  is  open  the 
hours  during  which  each  and  every  female  in  his  employ,  to  whom  this 
Act  applies,  is  employed.  Such  time  book  or  record  shall  be  open  at 
all  reasonable  hours  to  the  inspection  of  the  officials  of  the  Factory  In- 
spection Department.  The  failure  or  omission  to  keep  such  record,  or 
a  false  statement  contained  therein,  or  any  false  statement  made  by  any 
person  to  an  official  of  the  Factory  Inspection  Department,  in  reply  to 
any  question  put  in  carrying  out  the  provisons  of  this  Act,  shall  be  pun- 
ishable on  conviction  by  a  penalty  of  not  more  than  $25  for  each  offense. 

[§  2.]  The  title  of  said  Act  shall  be  amended  to  read  as  follows :  "An 
Act  to  regulate  and  limit  the  hours  of  emplo3rment  of  females  in  any 
mechanical  or  mercantile  establishment,  or  factory,  or  laundry,  hotel  or 
restaurant,  or  telegraph  or  telephone  establishment  or  office  thereof,  or  in 
any  place  of  amusement,  or  by  any  express  or  transportation  or  public 
utility  business,  or  by  any  common  carrier  or  in  any  public  institution, 
incorporated  or  unincorporated,  in  this  State,  in  order  to  safeguard  the 
health  of  such  employes;  to  provide  for  its  enforcement  and  a  penalty 
for  its  violation." 

Approved  June  10,  1911. 


General  Mining  Laws. 

(House  Bill  No.  544.     Approved  June  6,  1911.) 

An  Act  to  revise  the  laws  in  relation  to  coal  mines  and  subjects  relating 
thereto,  and  providing  for  the  health  and  safety  of  persons  employed 
therein. 

Section  1.  Be  it  enacted  ly  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  (a)  That  the  Governor,  with  the 
advise  and  consent  of  the  Senate,  shall  appoint  a  State  Mining  Board 
which  shall  be  composed  of  five  members,  two  of  whom  shall  l)€  prac- 
ticing coal  miners,  one  a  practicing  coal  mine  hoisting  engineer,  and 
two  coal  operators. 


88  BUREAU   OF   LABOR   STATISTICS. 

Powers  and  duties  of  board,  (h)  Said  board  shall  be  authorized, 
empowered  and  required  to  make  formal  inquiry  into  and  pass  upon 
the  practical  and  technological  qualifications  and  personal  fitness  of 
men  seeking  appointment  as  State  inspectors  of  mines,  and  of  those 
seeking  certificates  of  competency  as  mine  managers,  as  hoisting  engi- 
neers and  as  mine  examiners.  Said  board  also  shall  have  such  other 
powers  and  duties  as  may  be  prescribed  by  the  provisions  of  this  Act,  or 
any  other  Act  relating  to  coal  mining.  Said  board  al^o  shall  control 
;and  direct  the  State  mine  inspectors  hereinafter  provided  for,  in  the 
'discharge  of  their  duties.  Said  board  also  shall  cause  to  be  collected 
statistical  details  relating  to  coal  mining  in  the  State,  especially  in  its 
relations  to  the  vital,  sanitary,  commercial  and  industrial  conditions, 
and  to  the  permanent  prosperity  of  said  industry;  and  said  board  shall 
cause  such  statistical  details  to  be  compiled  and  summarized  as  a  report 
of  said  State  Mining  Board,  to  be  known  as  the  Annual  Coal  Report. 

Date  of  term  of  appointment,  (c)  Their  appointment  shall  date 
from  July  1,  1911,  and  they  shall  serve  for  a  term  of  two  years,  or  until 
their  successors  are  appointed  and  qualified.  They  shall  all  be  sworn 
to  a  faithful  performance  of  their  duties.  One  of  the  coal  operators 
member  of  said  board  shall  be  elected  as  president,  and  one  of  the  coal 
miners  member  of  said  board  shall  be  elected  as  secretary.  The  board 
may  appoint  a  chief  clerk  and  may  employ  such  other  persons  as  may 
be  necessary  for  the  proper  discharge  of  its  powders  and  duties;  all  of 
whom  shall  perform  such  duties  as  may  be  prescribed  by  the  board  from 
time  to  time,  and  the  board  may  from  time  to  time  also  prescribe  stand- 
ing and  other  rules  for  the  control  and  direction  of  its  officers  and  em- 
ployes and  of  the  State  mine  inspectors. 

Supplies  furnished  by  secretary  of  state,  (d)  The  secretary 
of  State  shall  assign  to  the  use  of  the  board,  suitably  furnished  rooms 
in  the  State  House,  and  shall  also  furnish  whatever  blanks,  blank  books, 
printing,  stationer}',  instruments  and  supplies  the  board  may  require  in 
the  discharge  of  its  duties,  and  for  the  use  of  the  State  mine  inspectors. 

Frequency  of  meetings,  (e)  The  board  shall  hold  such  meetings 
from  time  to  time  as  may  be  necessary  for  the  proper  discharge  of  its 
duties.  The  board  shall  meet  at  the  Capitol  on  the  second  Tuesday  in 
September  of  the  year  1911,  and  annually  thereafter,  for  the  examina- 
tion of  candidates  for  appointment  as  State  inspectors  of  mines.  Special 
examinations  also  may  be  held  whenever  for  any  reason  it  may  become 
necessary  to  appoint  one  or  more  inspectors. 

For  the  examination  of  persons  seeking  certificates  of  competency 
as  mine  managers,  hoisting  engineers  and  mine  examiners,  the  board 
shall  hold  meetings  at  such  times  and  places  within  the  State  as  shall, 
in  the  judgment  of  the  members,  afford  the  best  facilities  to  the  greatest 
number  of  candidates. 

Public  notice  shall  be  given  through  the  press  or  otherwise,  not  less 
than  ten  days  in  advance,  announcing  the.  time  and  place  at  which  anv 
examinations  under  this  section  are  to  be  held. 

Rules  of  procedure,  (f)  The  examinations  herein  provided  for 
shall  be  conducted  under  rules,  conditions  and  regulations  prescribed  by 
-the  board.     Such  rules  shall  be  made  a  part  of  the  permanent  record  of 


LABOR   LEGISLATION   FORTY-SEVENTH   GENEEAL  ASSEMBLY.  89 

the  board,  and  such  of  them  as  relate  to  candidates  shall  be,  upon  appli- 
cation of  any  candidate,  furnished  to  him  by  the  board;  they  shall  also 
be  of  uniform  application  to  all  candidates. 

Compensation  of  members — salary  of  chief  clerk,  (g)  The 
members  of  the  State  Mining  Board  shall  receive  as  compensation  for 
their  services  the  sum  of  five  dollars  ($5)  each  per  day  for  a  term  not 
exceeding  one  hundred  (100)  days  in  any  one  year,  and  whatever  sums 
are  necessary  to  reimburse  them  for  such  actual  and  necessary  traveling 
expenses  as  may  be  incurred  in  the  discharge  of  their  duties. 

The  salary  of  the  chief  clerk  shall  be  $2,000  per  annum,  and  he  shall 
be  reimbursed  for  any  amounts  expended  for  actual  and  necessary 
traveling  expenses  in  the  discharge  of  his  duties. 

All  salaries  and  expenses  of  the  board  and  of  its  employes  shall  be 
paid  upon  vouchers  duly  sworn  to  by  each  and  approved  by  the  president 
of  the  board,  or  in  his  absence  by  the  acting  president,  and  by  the 
Governor,  and  the  Auditor  of  Public  Accounts  is  hereby  authorized  to 
draw  his  warrants  on  the  State  Treasurer  for  the  amounts  thus  shown 
to  bo  due,  payable  out  of  any  money  in  the  treasury  not  otherwise  ap- 
propriated. 

§  2.  Credentials,  (a)  An  applicant  for  any  certificate  herein 
provided  for.  before  being  examined,  shall  register  his  name  with  the 
State  Mining  Board  and  file  with  the  board  the  credentials  required  by 
this  Act,  to-wit :  An  affidavit  as  to  all  matters  of  fact  establishing  his 
right  to  receive  the  examination,  and  a  certificate  of  good  character  and 
temperate  habits,  signed  by  at  least  ten  residents  of  the  community  in 
which  he  resides. 

Examinations  for  inspectors.  (&)  Persons  applying  to  the  State 
Mining  Board  as  candidates  for  appointment  as  State  inspectors  of  mines 
must  produce  evidence  satisfactory  to  the  board  that  they  are  citizens  of 
this  State,  at  least  thirty  years  of  age,  that  they  have  had  a  practical 
mining  experience  of  ten  years,  and  that  they  are  men  of  good  requte 
and  temperate  habits;  they  must  pass  an  examination  as  to  their  prac- 
tical and  technological  knowledge  of  mine  surveying  and  mining  ma- 
chinery and  appliances,  of  the  proper  development  and  operation  of  coal 
mines,  of  ventilation  in  mines,  of  the  nature  and  properties  of  mine 
gases,  of  first  aid  to  injured,  of  mine  rescue  methods  and  appliances,  of 
the  geology  of  the  coal  measures  in  this  State,  and  of  the  laws  of  this 
State  relating  to  coal  mines. 

Xames  certified 'TO  THE  governor,  (c)  At  the  close  of  each  ex- 
amination for  inspectors  the  board  shall  certify  to  the  Governor  the 
names  of  all  candidates  who  have  received  a  rating  above  the  minimum 
fixed  by  the  rules  of  the  board  as  being  persons  properly  qualified  for 
the  position  of  inspector. 

Examinations  for  mine  managers,  (d)  Persons  applying  to  the 
board  for  certificates  of  competency  as  mine  managers  must  produce 
evidence  satisfactory  to  the  board  that  they  are  citizens  of  the  United 
States,  at  least  twenty-four  years  of  age,  that  they  have  had  at  least  four 
years'  practical  mining  experience,  and  that  they  are  men  of  good  repute 
and  temperate  habits;  they  must  also  pass  such  examination  as  to  their 
experience  in  mines  and  in  the  management  o;f  men,  their  knowledge  of 


90  BUREAU    OF    LABOR   STATISTICS. 

mine  machinery  and  appliances,  the  use  of  surveying  and  other  instru- 
ments used  in  mining,  the  properties  of  mine  gases,  the  principles  of 
ventilation,  of  first  aid  to  injured,  of  mine-rescue  methods  and  ap- 
pliances, and  the  legal  duties  and  responsibilities  of  mine  managers,  as 
shall  be  prescribed  by  the  rules  of  the  board. 

For  mine  managers^  second  class,  (d)  Persons  coming  before 
the  board  for  certificates  of  competency  as  mine  managers,  second  class, 
must  produce  evidence  satisfactory  to  the  board  that  they  are  citizens  of 
the  United  States,  at  least  twenty-four  years  .of  age,  that  they  had  at 
least  four  years^  practical  mining  experience,  and  that  they  are  men  of 
good  repute  and  temperate  habits;  they  must  also  submit  to  and  satis- 
factorily pass  such  an  examination  as  to  their  experience  in  mines  and  in 
the  management  of  men,  their  knowledge  of  coal  mining,  mine  ventila- 
tion and  the  mining  laws  of  this  State  and  the  required  duties  and 
responsibilities  of  second  class  mine  managers,  as  shall  be  prescribed  by 
the  rules  of  the  board,  and  it  shall  be  unlawful  to  employ  second-class 
mine  managers,  or  for  them  to  serve  in  that  capacity  at  mines  employ- 
ing more  than  ten  men. 

Examinations  for  mine  examiners,  (e)  Persons  applying  to  the 
board  for  certificates  of  competency  as  mine  examiners,  must  produce 
evidence  satisfactory  to  the  board  that  they  are  citizens  of  the  United 
States,  at  least  twenty-one  years  of  age,  and  of  good  repute  and  tem- 
perate habits,  and  that  they  have  had  at  least  four  years^  practical  mining 
experience.  They  must  pass  an  examination  as  to  their  experience  in 
mines  generating  dangerous  gases,  their  practical,  and  technological 
knowledge  of  the  nature  and  properties  of  fire-damp,  the  laws  of  venti- 
lation, the  structure  and  uses  of  safety  lamps,  and  the  laws  of  this  State 
relating  to  safeguards  against  fires  from  any  source  in  mines. 

Examinations  for  hoisting  engineers.  (/)  Persons  applying  to 
the  board  for  certificates  of  competency  as  hoisting  engineers  must  pro- 
duce evidence  satisfactory  to  the  board  that  they  are  citizens  of  the 
United  States,  at  least  twenty-one  years  of  age,  that  they  have  had  at 
least  two  years'  experience  as  fireman  or  engineer  of  a  hoisting  plant, 
and  are  of  good  repute  and  temperate  habits.  They  must  pass  an  exam- 
ination as  to  their  experience  in  handling  hoisting  machinery,  and  as  to 
their  practical  and  technological  knowledge  of  the  construction,  cleaning 
and  care  of  steam  boilers,  the  care  and  adjustment  of  hoisting  engines, 
the  management  and  efficiency  of  pumps,  ropes  and  winding  apparatus, 
and  as  to  their  knowledge  of  the  laws  of  this  State^  in  relation  to  signals 
and  the  hoisting  and  lowering  of  men  at  mines. 

Examination  papers  preserved,  (g)  There  shall  be  a  written  and 
an  oral  examination  of  applicants  as  may  be  prescribed  by  the  rules  of 
the  hoard;  and  all  written  examination  papers  and  all  other  papers  of 
applicants  shall  be  kept  on  file  by  the  board  for  not  less  than  one  year, 
during  which  time  any  applicant  shall  have  the  right  to  inspect  his  said 
papers  at  all  reasonable  times;  and  any  applicant  shall  be  entitled  to 
a  certified  copy  of  any  or  all  of  his  said  papers  upon  payment  of  a  reason- 
able copy  fee  therefor. 

§  3.  Certificates  issued  by  the  board,  (a)  The  certificates  pro- 
vided for  in  this  Act  shall  be  issued  imder  the  signature  and  seal  of  the 


LABOR    LEGISLATION    FORTY-SEVENTH    GENERAL   ASSEMBLY.  91 

Stat-e  Mining  Board,  to  all  those  who  receive  a  rating  above  the  mini- 
mum fixed  by  the  rules  of  the  board;  such  certificates  shall  contain  the 
full  name,  age  and  place  of  birth  of  the  recipient  and  the  length  and 
nature  of  his  previous  service  in  or  about  coal  mines. 

Eecord  to  be  PRESERVED.  (&)  The  board  shall  make  and  preserve  a 
record  of  the  names  and  addresses  of  all  persons  to  whom  certificates  are 
issued. 

Effect  of  certificates,  (c)  The  certificates  nrovided  for  in  this 
Act  shall  entitle  the  holders  thereof  to  accept  and  discharge  at  any  mine 
in  this  State,  the  duties  for  which  they  are  declared  qualified. 

Unlawful  to  employ  other  than  certificated  mine  managers. 

(d)  It  shall  be  unlawful  for  the  operator  of  any  coal  mine  to  have  in 
his  service  as  mine  manager  at  his  mine,  any  person  who  does  not  hold 
a  certificate  of  competency  issued  by  the  State  Mining  Board  of  this 
State :  Provided,  that  whenever  any  exigency  arises  by  which  it  is  im- 
possible for  any  operator  to  secure  the  immediate  services  of  a  certified 
mine  manager,  he  may  place  any  trustworthy  and  experienced  man  of 
the  mine  inspection  district  in  charge  of  his  mine  to  act  as  temporary 
mine  manager  for  a  period  not  exceeding  seven  da^^s,  and  with  the  ap- 
proval of  the  State  inspector  of  the  district,  for  a  further  period  not 
exceeding  twenty-three  days. 

Unlawful  to  employ  other  than  certificated  mine  examiners. 

(e)  It  shall  be  unlawful  for  the  operator  of  any  mine  to  have  in  his 
service  as  mine  examiner  any  person  who  does  not  hold  a  certificate  of 
competency  issued  by  the  State  Mining  Board:  Provided,  that  any  one 
holding  a  mine  manager's  certificate  may  serve  as  mine  examiner;  but  in 
any  mine  employing  more  than  twenty-five  (25)  men,  the  mine  manager 
shall  not  act  in  the  capacity  of  mine  examiner  while  acting  as  mine 
manager:  And,  provided,  whenever  an  exigency  arises  by  which  it  is 
impossible  for  any  operator  to  secure  the  immediate  services  of  a  cer- 
tificated examiner,  he  may  employ  any  trustworthy  and  experienced 
man  of  the  mine  inspection  district  to  act  as  temporary  mine  examiner 
for  a  period  not  exceeding  seven  days,  and  with  the  approval  of  the  State 
inspector  of  the  district,  for  a  further  period  not  exceeding  twenty-three 
days. 

Unlawful  to  employ  other  than  certificated  hoisting  en- 
gineer. (/)  It  shall  be  unlawful  for  the  operator  of  any  mine  to  per- 
mit any  person  who  does  not  hold  a  certificate  of  competency  as  hoisting 
engineer  issued  by  the  State  Mining  Board,  to  hoist  or  lower  men,  or 
to  have  charge  of  the  hoisting  engine  when  men  are  underground. 

Temporary  employment  of  uncertificated  persons  not  ex- 
tended, (g)  The  employment  of  persons  who  do  not  hold  certificates 
as  mine  managers  and  mine  examiners,  shall  in  no  case  exceed  the  limit 
of  time  specified  herein,  and  the  State  inspector  shall  not  approve  of  the 
employment  of  such  persons  beyond  the  twenty-three  day  limit. 

Removal  of  inspectors,  (h)  Upon  a  petition  signed  by  not  less 
than  three  coal  operators,  or  ten  coal  miners,  setting  forth  that  any  State 
inspector  of  mines  neglects  his  duties,  or  that  he  is  incompetent,  or 
that  he  is  guilty  of  malfeasance  in  office,  or  guilty  of  any  act  tending  to 
the  unlawful  injury  of  miners  or  operators  of  mines,  it  shall  be  the  duty 


93  BUREAU    OF    LABOR    STATISTICS. 

of  the  State  Mining  Board  to  issue  a  citation  to  the  said  inspector  to 
appear  before  it  within  a  period  of  fifteen  days  on  a  day  tixed  for  said 
hearing,  when  the  said  board  shall  investigate  the  allegations  of  the 
petitioners;  and  if  the  said  board  shall  find  that  the  said  inspector  is 
neglectful  of  his  duty,  or  that  he  is  guilty  of  malfeasance  in  office,  or 
guilty  of  any  act  tending  to  the  injury  of  miners  or  operators  of  mines, 
the  said  board  shall  declare  the  office  of  said  inspector  vacant,  and  a 
properly  qualified  person  shall  be  duly  appointed,  in  the  manner  pro- 
vided for  in  this  Act,  to  fill  said  vacancy. 

Cancellation  of  certificates,  (i)  The  certificate  of  any  mine 
manager,  hoisting  engineer  or  mine  examiner,  may  be  canceled  and  re- 
voked by  the  State  Mining  Board  upon  notice  and  hearing  as  herein- 
after provided,  if  it  shall  be  established  in  the  judgment  of  said  board 
that  the  holder  thereof  has  become  unworthy  to  hold  said  certificate  by 
reason  of  violation  of  the  law,  intemperate  habits,  incapacity,  abuse  of 
authority  or  for  any  other  cause:  Provided,  that  any  person  against 
whom  charges  or  complaints  are  made  hereunder  shall  have  the  right 
to  appear  before  said  board  and  defend  against  said  charges,  and  he  shall 
have  fifteen  days^  notice  in  writing  of  such  charges  previous  to  such 
hearing :  Provided,  further,  that  the  board  in  its  discretion  may  suspend 
the  certificate  of  any  person  charged  as  aforesaid,  pending  said  hearing, 
but  said  hearing  shall  not  be  unreasonably  deferred. 

§  4.  Inspection  districts.  The  State  shall  be  divided  into  twelve 
inspection  districts,  said  divisions  to  be  made  by  the  State  Mining  Board. 
The  board  may  also  change  from  time  to  time  the  boundaries  of  said 
districts,  in  order  to  more  equally  distribute  the  labor  and  expenses  of 
the  several  mine  inspectors,  but  this  provision  shall  not  be  construed  as 
authorizing  the  State  Mining  Board  to  increase  the  number  of  districts. 

§  5.  Inspectors  appointed,  (a)  From  the  names  certified  by  the 
^tate  Mining  Board,  the  Governor  shall  select  and  appoint  twelve  State 
mine  inspectors;  that  is  to  say,  one  inspector  for  each  of  the  twelve  in- 
spection districts  provided  for  in  this  Act ;  or  more,  if,  in  the  future, 
additional  inspection  districts  shall  be  created,  and  their  commissions 
shall  be. for  a  term  of  two  years  from  July  first, 'provided  the  term  of 
any  State  mine  inspector  in  office  July  1,  1911,  shall  be  extended  to 
October  1,  1911,  and  provided  any  State  inspector  in  actual  service  and 
good  standing  and  who  has  passed  one  examination  under  this  Act  mav 
be  reappointed  for  the  next  ensuing  term,  without  further  certification, 
but  shall  not  be  so  reappointed  more  than  three  times:  'Provided,  fur- 
ther, no  man  shall  be  eligible  for  appointment  as  a  State  inspector  of 
mines  who  has  any  pecuniary  interest  in  any  coal  mine  in  Illinois. 

The  county  board  of  supervisors,  or  of  commissioners  in  counties  not 
under  township  organization,  or  any  county  in  which  coal  is  produced, 
upon  the  Avritten  request  of  the  State  inspector  of  mines  for  the  district 
in  which  said  county  is  located,  shall  appoint  a  county  inspector  of  mines 
as  assistant  to  such  State  inspector,  but  no  person  shall  be  eligible  for 
appointment  as  county  inspector  who  does  not  hold  a  State  certificate 
of  competency  as  mine  manager,  and  the  compensation  of  such  county 
inspector  shall  be  fixed  by  the  county  board  at  not  less  than  three  dollars 
per  day.  to  be  paid  out  of  the  county  treasury. 


LABOR   LEGISLATION    FORTY-SEVENTH    GENERAL   ASSEMBLY.  93 

The  State  inspector  may  authorize  any  county  inspector  in  his  district 
to  assume  and  discharge  all  the  duties  and  exercise  all  the  powers  of  a 
State  inspector  in  the  county  for  which  he  is  appointed,  in  the  absence 
of  the  State  inspector ;  but  such  authority  must  be  conferred  in  writing 
and  the  county  inspector  must  produce  the  same  as  evidence  of  his 
powers  upon  the  demand  of  any  person  affected  by  his  acts;  and  the  bond 
of  said  State  inspector  shall  be  holden  for  the  faithful  performance  of 
the  duties  of  such  assistant  inspector. 

Bond,  (c)  State  inspectors,  before  entering  upon  their  duties  as 
such,  must  take  an  oath  of  office,  as  provided  for  by  the  Constitution, 
and  enter  into  a  bond  to  the  State  in  the  sum  of  five  thousand  dollars 
($5,000)  for  State  mine  inspectors,  with  sureties  to  be  approved  by  the 
Governor,  conditioned  upon  the  faithful  performance  of  their  duties  in 
every  particular,  as  required  by  this  Act.  Said  bonds,  with  the  approval 
of  the  Governor  endorsed  thereon,  together  with  the  oath  of  office,  shall 
be  deposited  with  the  Secretary  of  State. 

Instruments,  (d)  The  State  Mining  Board  shall  furnish  to  each 
of  said  State  inspectors  an  anemom.eter,  a  safety-lamp  and  such  other 
instruments  and  such  blanks,  blank  books,  stationerv,  printing  and 
supplies  as  may  be  required  by  said  inspectors  in  the  discharge  of  their 
official  duties.  Said  instruments  and  supplies  shall  be  paid  for  on  bills 
of  particulars  certified  by  the  proper  officers  of  the  board  and  approved 
by  the  Governor;  and  the  Auditor  of  Public  Accounts  shall  draw  his 
warrants  on  the  State  Treasurer  for  the  amounts  thus  shown  to  be  due. 
payable  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

'Examinations  of  mines,  (e)  State  inspectors  shall  devote  their 
whole  time  and  attention  to  the  duties  of  their  respective  offices.  State 
Inspectors  shall  make  personal  examinations  at  least  once  in  every  six 
months  of  each  mine  in  their  district  in  which  marsh  gas  has  been  de- 
tected in  quantities  which,  in  the  judgment  of  the  State  Mining  Board, 
is  dangerous.  The  State  Mining  Board  also  may  require  State  inspectors, 
personally  to  examine  any  or  all  other  mines  in  their  respective  districts. 

State  inspectors  may  be  assigned  by  the  State  Mining  Board  to  ex- 
amine mines  which  have  not  been  classified  as  generating  marsh  gas  in 
dangerous  quantities. 

Every  mine  in  the  State  shall  be  examined  at  least  once  in  every  six 
months. 

Scope  of  examination.  (/)  Every  State  inspector  in  the  regular 
inspection  of  mines  shall  measure  with  an  anemometer  and  determine 
the  amount  of  air  passing  in  the  last  cross-cut  in  each  pair  of  entries 
in  pillar  and  room  mines,  or  in  the  last  room  of  each  division  in  long- 
wall  mines.  He  shall  also  measure  with  an  anemometer  and  determine 
the  amount  of  air  passing  at  the  inlet  and  outlet  of  the  mines;  and  he 
shall  compare  all  such  air  measurements  with  the  last  report  of  the 
mine  examiner  and  the  mine  manager  upon  the  mine  examination  book 
of  the  mine.  He  must  observe  that  the  legal  code  of  signals  between  the 
engineer  and  top  man  and  bottom  man  is  established  and  conspicuously 
posted  for  the  information  of  all  employes. 


94  BUREAU    OF    LABOR   STATISTICS. 

State  inspectors  also  shall  require,  that  every  necessary  precaution  be 
taken  to  insure  the  health  and  safety  of  the  workmen  employed  in  the 
mines,  and  that  the  provisions  and  requirements  of  all  the  mining  laws 
of  this  State  are  obeyed. 

State  inspectors  shall  render'  written  reports  of  mine  inspections  made 
by  them  to  the  State  Mining  Board  in  such  form  and  manner  as  shall  be 
required  by  the  board.  State  inspector [s]  shall  take  prompt  action  for 
the  enforcement  of  the  penalties  provided  for  violation  of  the  mining 
laws. 

Authority  to  enter,  (g)  It  shall  be  lawful  for  State  inspectors 
to  enter,  examine  and  inspect  any  and  all  coal  mines  and  the  machinery 
belonging  thereto,  at  all  reasonable  times,  by  day  or  by  night,  but  so  as 
not  to  unreasonably  obstruct  or  hinder  the  worldng  of  such  coal  mine, 
and  the  operator  of  every  such  coal  mine  is  hereby  required  to  furnish 
all  necessary  facilities  for  making  such  examination  and  inspection. 

Procedure  in  case  of  objection,  (h)  If  any  operator  shall  refuse 
to  permit  such  inspection  or  to  furnish  the  necessary  facilities  for  making 
such  examination  and  inspection,  the  inspector  shall  file  his  affidavit, 
setting  forth  such  refusal,  with  the  judge  of  the  circuit  court  in  said 
county  in  which. said  mine  is  situated,  either  in  term  time  or  vacation, 
or,  in  the  absence  of  said  judge,  with  a  master  in  chancery  in  said  county 
in  which  said  mine  is  situated,  and  obtain  an  order  on  such  owner,  agent 
or  operator  so  refusing  as  aforesaid,  commanding  him  to  permit  and 
furnish  such  necessary  facilities  for  the  inspection  of  such  coal  mine, 
or  to  be  adjudged  to  stand  in  contempt  of  court  and  punished  accord- 
ingly. 

Notices  to  be  posted,  (i)  The  State  inspector  shall  post  in  some 
conspicuous  place  at  the  top  of  each  mine  inspected  by  him,  a  plain 
statement  showing  what  in  his  judgment  is  necessary  for  the  better  pro- 
tection of  the  lives  and  health  of  persons  employed  in  such  mine;  such 
statement  shall  give  the  date  of  inspection  and  be  signed  by  the  inspector. 
He  shall  post  a  notice  at  the  landing  used  by  the  men,  stating  what 
number  of  men  will  be  permitted  to  ride  on  the  cage  at  one  time  and  the 
rate  of  speed  at  which  men  may  be  hoisted  and  lowered  on  the  cages. 

Sealer  of  weights.  (/)  State  inspectors  are  hereby  made  ex-officio 
sealer  of  weights  and  measures  in  their  respective  districts,  and  as  such 
are  empowered  to  test  all  scales  used  to  weigh  coal  at  coal  mines.  Upon 
the  written  request  of  any  mine  owner  or  operator,  or  of  ten  coal  miners 
employed  at  any  one  mine,  it  shall  be  the  duty  of  the  inspector  to  test 
any  scale  or  scales  at  such  mine  against  which  complaint  is  directed,  and 
if  he  shall  findl  that  they  or  any  of  them  do  not  weigh  correctly,  he  shall 
call  the  attention  of  the  mine  owner  or  operator  to  the  fact,  and  direct 
that  said  scale  or  scales  be  at  once  overhauled  and  readjusted  so  as  to 
indicate  only  true  and  exact  weights,  and  he  shall  forbid  the  further 
operation  of  such  mine  until  such  scales  are  adjusted.  In  the  event 
that  such  tests  shall  conflict  with  any  test  made  by  any  county  sealer  of 
weights,  or  under  and  by  virtue  of  any  municipal  ordinance  or  regula- 
tion, then  the  test  by  such  mine  inspector  shall  prevail. 

Test  weights,  {h)  For  the  purpose  of  carrying  out  the  provisions 
of  this  Act,  each  State  inspector  shall  be  furnished  by  the  State  with  a 


LABOR    LEGISLATION    FORTY-SEVENTH    OENERAL   ASSEMBLY.  95 

complete  set  of  standard  weights  suitable  for  testing  the  accuracy  of  track 
scales  and  of  all  smaller  scales  at  mines ;  said  test  weights  to  be  paid  for 
on  bills  of  particulars,  certified  by  the  Secretary  of  State  and  approved  by 
the  Governor.  Such  test  weights  shall  remain  in  the  custody  of  the 
inspector  for  use  at  any  point  within  his  district,  and  for  any  amounts 
expended  by  him  for  the  storage,  transportation  or  handling  of  the 
same,  he  shall  be  fully  reimbursed  upon  making  entry  of  the  proper 
items  in  his  expense  voucher. 

Inspectoes'  ANNUAL  REPORTS.  (I)  Each  State  inspector  of  mined 
shall,  within  sixty  days  after  June  30th  of  each  year,  prepare  and  for- 
ward to  the  State  Mining  Board  a  formal  report  of  his  acts  during  the 
year  in  the  discharge  of  his  duties,  with  any  recommendations  as  to  legis- 
lation he  may  deem  necessary  on  the  subject  of  mining,  and  shall  collect 
and  tabulate  upon  blanks  furnished  by  said  board  all  desired  statistics 
of  mines  and  miners  within  his  district  to  accompany  said  annual  report. 

Eeports  TO  BE  PUBLISHED,  (ill)  On  the  receipt  of  said  inspectors' 
reports  the  chief  clerk  of  the  State  Mining  Board  shall  compile  and 
summarize  the  same,  to  be  included  in  the  report  of  said  board,  to  be 
known  as  the  Annual  Coal  Report,  which  shall,  within  four  months 
thereafter,  be  bound,  printed  and  transmitted  to  the  Governor  for  the 
information  of  the  General  Assembly  and  the  public.  The  printing  and 
binding  of  said  reports  shall  be  provided  for  by  the  Commissioners  of 
State  Contracts  in  like  manner  and  in  like  numbers  as  they  provide  for 
the  publication  of  other  official  reports  to  the  "Governor. 

Eeports  by  operator,  (n)  Every  coal  operator  shall,  within  thirty 
days  after  June  30  of  each  year,  furnish  to  the  State  mine  inspector  of 
the* district,  on  blanks  furnished  by  him  prior  to  said  June  30,  statistics 
•of  the  wages  and  conditions  of  their  employes  as  required  by  law.  The 
failure  of  any  inspector  to  forward  to  the  State  Mining  Board  his  formal 
report,  as  provided  in  paragraph  (I)  hereof,  or  the  failure  of  any  coal 
operator  to  furnish  to  the  State  mine  inspector  of  the  district  the 
statistics  provided  for  herein,  shall  be  adjudged  a  misdemeanor  and  be 
subject  to  a  fine  of  $100. 

§  6.  Pay  of  inspectors.  Each  State  inspector  of  mines  shall  re- 
ceive as  compensation  for  his  sen^ices  the  sum  of  $1,800  per  annum,  and 
for  traveling  and  other  necessary  expenses  each  shall  receive  the  sum 
actually  expended  for  that  purpose  in  the  discharge  of  his  official  duties : 
Provided,  such  expenses  shall  not  exceed  one  hundred  dollars  ($100) 
per  calandar  month  for  each  State  inspector  of  mines,  both  salary  an^ 
expenses  to  be  paid  monthly  by  the  State  Treasurer,  on  warrants  of  the 
Auditor  of  Public  Accounts,  from  the  funds  in  the  treasury  not  other- 
wise appropriated ;  said  expense  voucher  shall  show  the  items  of  expendi- 
tures in  detail,  with  sub-vouchers  for  the  same  so  far  as  it  is  practicable 
to  obtain  them.  Said  vouchers  shall  be  sworn  to  by  the  inspector  and 
be  approved  by  the  president  of  the  State  Mining  Board  and  the 
Governor. 

§  7.  Maps  required,  (a)  The  operator  of  every  coal  mine  in  the 
State  shall  make,  or  cause  to  be  made,  an  accurate  map  or  plan  of  such 
mine,  drawn  to  a   scale  not  smaller  than   200   feet  to  the   inch.     All 


96  BUREAU   OF   LABOR   STATISTICS. 

measurements  shall  be  in  feet  and  decimals  of  a  foot.  On  such  maps 
shall  appear  the  name  of  the  State,  county  and  township  in  which  the 
mine  is  located,  the  designation  of  the  mine,  the  name  of  the  company 
or  owner,  the  certificate  of  the  mining  engineer  or  surveyor  as  to  the 
accuracy  and  date  of  the  survey,  the  north  point  and  the  scale  to  which 
the  drawing  is  made. 

Surface  survey,  (b)  Such  map  or  plan  shall  accurately  show  the 
surface  boundary  lines  of  the  coal  rights  pertaining  to  each  mine,  and 
all  sections  or  quarter-section  lines  or  corners  within  the  same ;  the  lines 
of  town  lots  and  streets ;  the  tracks  and  side-tracks  of  all  railroads,  and 
the  location  of  all  wagon  roads,  rivers,  streams,  ponds,  location  and 
depth  of  holes  drilled  for  oil,  gas  or  water  that  penetrate  a  workable  coal 
seam,  and  the  elevation  above  the  coal  seam  of  any  stream  or  body  of 
water  that  might  endanger  the  mine. 

Underground  survey,  (c)  For  the  underground  workings,  said 
maps  shall  show  all  shafts,  slopes,  tunnels  or  other  openings  to  the  sur- 
face or  to  the  workings  of  a  contiguous  mine;  all  excavations,  entries, 
rooms  and  cross-cuts ;  the  location  of  the  fan  or  furnace  and  the  direc- 
tion of  the  air  currents ;  the  location  of  pumps,  hauling  engines,  engine 
planes,  abandoned  works,  fire  walls  and  standing  water;  and  the  outcrop 
line  of  the  seam,  if  any,  on  the  property. 

The  general  outline  of  all  areas  in  which  pillars  have  been  drawn  shall 
be  indicated  on  the  map.. 

Each  underground  map  also  shall  show,  in  feet  and  decimals  thereof, 
the  elevation  of  the  floor  of  the  coal  at  reasonable  intervals  on  the  main 
entries  and  cross  entries  from  the  bottom  of  the  shaft  to  the  face  of  the 
workings;  such  elevations  shall  be  referred  to  the  floor  of  the  coal  at  the 
bottom  of  the  hoisting  shaft. 

Map  for  every  seam,  (d)  A  separate  and  similar  map,  drawn  to 
the  same  scale,  shall  be  made  of  each  and  everv^  seam,  which,  after  the 
passage  of  this  Act,  shall  be  worked  in  any  mine,  and  the  maps  of 
all  such  seams  shall  show  all  shafts,  inclined  planes  or  other  passage- 
ways connecting  the  same. 

Sei*arate  maps  for  the  surface,  (e)  A  separate  map  also  shall 
be  made  of  the  surface  whenever  the  surface  buildings,  lines  or  objects 
are  so  numerous  as  to  obscure  the  details  of  the  mine  workings  if  drawn 
upon  the  same  sheet  with  them,  and  in  such  case  the  surface  map  shall 
be  drawn  on  transparent  cloth  or  paper,  so  that  it  can  be  laid  upon  the 
map  of  the  underground  workings,  and  thus  indicate  the  relation  of  lines 
and  objects  on  the  surface  to  the  excavations  of  the  mine. 

The  dip.  (/)  Each  map  shall  also  show  by  profile  drawing  and 
measurements,  in  feet  and  decimals  thereof,  the  rise  and  dip  of  the  seam 
from  the  bottom  of  the  shaft  in  .either  direction  to  the  face  of  the 
workings. 

Copies  for  inspectors  and  recoedees.  (a)  The  original  or  true 
copies  of  all  such  maps  shall  be  kept  in  the  office  at  the  mine,  and  one 
true  copy  thereof  shall  be  furnished  to  the  State  inspector  of  mines  for 
the  district  in  which  said  mine  is  located,  and  one  shall  be  filed  in  the 
office  of  the  recorder  of  the  countv  in  which  the  mine  is  located,  within 


LABOR    LEGISLATION   FORT Y-SEVL! NTH    GENERAL   ASSEMBLY.  97 

thirty  days  after  the  completion  of  the  same.  The  maps  so  delivered  to 
the  inspector  and  to  the  recorder  shall  remain  in  the  custody  of  said  in- 
spector and  recorder  during  their  respective  terms  of  office,  and  be 
delivered  by  them  to  their  successors  in  office.  They  shall  be  kept  at  the 
office  of  the  inspector  and  of  the  recorder,  and  be  open  to  the  examina- 
tion of  all  persons  interested  in  the  same,  but  such  examination  shall  be 
made  only  in  the  presence  of  the  inspector  or  the  recorder.  Neither  the 
inspector  nor  the  county  recorder  shall  permit  any  copies  of  the  same  to 
be  made  without  the  written  consent  of  the  operator  or  the  owner  of  the 
propert}'. 

The  county  recorder  shall  properly  index  such  map  as  part  of  the  title 
record  of  the  property  affected. 

A  copy  of  each  map  and  extensions  to  the  same  shall  be  furnished  the 
manager  of  the  mine  rescue  stations  for  his  use  in  connection  with 
rescue  work  only. 

Annual  surveys,  (h)  An  extension  of  the  last  preceding  survey 
of  every  mine  in  active  operation  shall  be  made  once  in  every  twelve 
months  prior  to  July  1,  of  every  year,  and  the  results  of  said  survey, 
A\  ith  the  date  thereof  shall  be  promptly  and  accurately  entered  upon  the 
original  maps  and  all  copies  of  the  same,  so  as  to  show  all  changes  in 
plan  or  new  work  in  the  mine,  and  all  extensions  of  the  old  workings 
to  the  most  advanced  face  or  boundary  of  said  workings  which  have  bee!i 
made  since  the  last  preceding  survey.  The  State  inspector,  the  county 
recorder  and  the  manager  of  the  rescue  stations  shall  be  furnibhed  with 
a  copy  of  the  said  extended  map  or  of  the  extensions  to  said  Liap. 

Abandoned  minis,  (i)  When  any  coal  mine  is  worked  oat  or  is 
about  to  be  abandoned  or  indefinitely  closed,  the  operator  of  i.he  same 
shall  make,  or  cause  to  be  made,  a  final  survey  of  such  mine;  t'  show  the 
entire  worked-out  area  when  the  mine  was  closed,  and  the  re?  ilts  of  the 
same  shall  be  duly  extended  on  all  maps  of  the  mine  and  c  pies  thereof 
herein  required  to  be  filed. 

Special  survey.  (;)  The  State  inspector  of  mines,  ( ;•  the  State 
Mining  Board,  may  order  a  survey  to  be  made  of  the  wor!..  :gs  of  any 
mine  in  addition  to  the  regular  annual  survey,  the  results  '..  =  •  extended 
on  the  maps  of  the  same  and  the  copies  thereof,  whenever  uio  safety  of 
the  workmen,  unlawful  injury  to  the  surface,  unlawful  emin  achment 
upon  adjoining  property,  or  the  safety  of  an  adjoining  mine  rt:  /-ires  it. 

It  the  State  inspector  of  mines  or  the  State  Mining  Board  si. .  be- 
lieve any  map  required  by  this  Act  is  materially  inaccurate  or  imj)ei:Lct, 
the  State  inspector  or  State  Mining  Board  is  authorized  to  make,  or 
cause  to  be  made,  a  correct  survey  and  map  at  the  expense  of  the  opera- 
tor, the  cost  recoverable  as  for  debt,  provided  if  such  test  surveys  shows 
the  operator's  map  to  be  correct,  the  State  shall  be  liable  for  the  expense 
incurred,  payable  in  such  manner  as  other  State  accounts  incurred  by 
the  State  Mining  Board. 

Penalties  for  failure,  (h)  If  an  operator  of  any  mine  refuses  or 
wilfully  neglects,  for  a  period  of  three  months,  to  furnish  the  said  State 
inspector,  the  county  recorder  and  the  manager  of  the  rescue  stations 
the  map  or  plan  of  such  mine,  or  a  copy  thereof,  or  of  the  extensions 

— 7  LL 


98  BUREAU   OP   LABOR   STATISTICS. 

thereto,  as  provided  for  in  this  Act,  such  operator  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars,  in  the  discretion  of  the 
court,  and  shall  stand  committed  to  the  county  jail  until  such  fine  is 
paid,  and,  in  addition  thereto,  the  State  inspector  or  State  Mining  Board 
is  hereby  authorized  to  make,  or  cause  to  be  made,  an  accurate  map  or 
plan  of  such  mine  at  the  expense  of  the  operator  thereof ;  and  the  cost 
of  the  same  may  be  recovered  by  law  from  the  operator  in  the  same  man- 
ner as  other  debts  by  suit,  in  the  name  of  the  State  inspector  or  the 
State  Mining  Board,  and  for  his  or  its  use,  and  copies  of  the  same  shall 
be  filed  by  him  or  the  board,  one  each  witli  said  recorder  and  said 
manager  of  the  rescue  stations. 

§  8.  Sinking  subject  to  inspection,  (a)  Any  shaft  or  other 
opening  in  process  of  sinking,  or  driving,  for  the  purpose  of  mining  coal, 
shall  be  subject  to  the  inspection  of  the  State  inspector  of  mines  for  the 
district  in  which  said  shaft  or  opening  is  located. 

(h)  Over  every  shaft  that  is  being  sunk  or  shall  hereafter  be  sunk, 
there  shall  be  a  safe  and  substantial  structure  to  support  sheaves  or 
pulley  ropes  at  a  height  not  less  than  15  feet  above  the  tipping  place. 
The  landing  platform  of  such  shaft  shall  be  so  arranged  that  material 
can  not  fall  into  the  shaft  while  the  bucket  is  being  emptied  or  taken 
from  the  hoisting  rope.  If  j^rovisions  are  made  to  land  a  bucket  on  a 
truck,  said  truck  and  platform  shall  be  so  arranged  that  material  can  not 
fall  into  the  shaft. 

(c)  Rock  or  coal  shall  not  l)e  hoisted  except  in  a  bucket  or  on  a 
cage  when  men  are  in  the  bottom  of  the  shaft ;  and  said  bucket  or  cage 
must  be  connected  to  the  hoisting  rope  by  a  safety  hook,  clevis  or  other 
safety  attachment.  The  rope  shall  be  fastened  to  the  side  of  the  drum 
and  not  less  than  three  coils  of  rope  shall  remain  on  the  drum.  In  shafts 
over  100  feet  in  depth,  suitable  provision  shall  be  made  to  prevent  the 
bucket  from  swinging  while  being  lowered  or  hoisted,  and  guides  pro- 
vided for  this  purpose  >shall  be  maintained  at  a  distance  of  not  more 
than  75  feet  from  the  bottom  of  the  shaft. 

(d)  An  efficient  brake  shall  be  attached  to  the  drum  of  the  engine 
used  for  hoisting  in  shaft  sinking,  and  the  drum  shall  be  provided  with 
a  flange  on  each  end  not  less  than  4  inches  in  height. 

(e)  Not  more  than  four  persons  shall  be  lowered  or  hoisted  in  or 
on  a  bucket  in  a  shaft  at  one  time,  and  no  person  shall  ride  on  a  loaded 
bucket. 

(/)     All  blasts  in  shaft  sinking  shall  be  exploded  by  electric  battery. 

(g)  Provision  shall  also  be  made  for  the  proper  ventilation  of  shafts 
while  being  sunk. 

(h)  No  one  but  a  certificated  hoisting  engineer  shall  be  in  charge 
of  the  hoisting  engines  while  a  shaft  is  being  .sunk. 

§  9.  Two  places  of  egress,  (a)  For  every  coal  mine  in  this  State, 
whether  worked  by'  shaft,  slope  or  drift,  there  shall  Idc  provided  and 
maintained,  in  addition  to  the  hoisting  shaft,  or  other  place  of  delivery; 
an  escapement  shaft  or  opening  to  the  surface,  or  an  undergroimd  com- 


LABOR    LEGISLATION'    FORTY-SEVEXTII    GEXER.\L   ASSEMBLY.  99 

imiiiicaiiiig  passageway  with  a  contiguous  mine,  so  that  there  shall  be 
at  least  two  distinct  and  available  means  of  egress  to  all  persons  em- 
ployed in  such  coal  mines. 

Distant  from  main  shaft,  {b)  In  mines  ^unk  after  the  passage 
of  this  Act,  the  first  escapement  shaft  shall  be  separated  from  the  main 
shaft  by  such  extent  of  natural  strata  as  may  be  agi'eed  upon  by  the  in- 
spector of  the  district  and  the  owner  of  the  property,  but  the  distance 
between  the  main  shaft  and  the  escapement  shaft  shall  not  be  less  than 
500  feet  nor  more  than  2,000  feet:  Provided,  that  in  mines  employing 
ten  (10)  men  or  less  the  distance  between  the  hoisting  shaft  and  the 
eseaj3ement  shaft  shall  not  be  less  than  two  hundred  and  fifty  (250)  feet. 

Unlawful  to  employ  more  than  tex  mex.  (c)  It  shall  be  un- 
lawful to  employ  undergroimd,  at  any  one  time,  more  men  than  in  the 
judgment  of  the  inspector  are  necessary  to  complete  speedily  the  con- 
nections with  the  escapement  shaft  or  adjacent  mine;  and  said  number 
must  not  exceed  ten  men  at  any  one  time  for  any  purpose  in  said  mine 
until  such  escapement  or  connection  is  completed. 

The  time  allowed  for  completing  such  escapement  shaft  or  making 
such  connections  with  an  adjacent  mine,  as  is  required  by  the  terms  of 
this  Act,  shall  be  three  months  for  shafts  200  feet  or  less  in  depth,  and 
six  months  for  shafts  less  than  500  feet  and  more  than  200  feet,  and 
nine  months  for  all  other  mines,  slopes  or  drifts,  or  connections  with 
adjacent  mines.  The  time  to  date  in  all  cases  from  the  hoisting  of  coal 
from  the  hoisting  shaft:  Provided,  that  in  mines  employing  ten  (10) 
men  or  less,  the  time  for  completing  the  escapement  shaft  shall  not  be 
more  than  six  months  from  the  time  of  hoisting  coal. 

Stairways  or  cages,  (d)  The  escapement  shaft  at  every  mine 
opened  after  the  passage  of  this  Act  shall  be  equipped  with  a  substantial 
stairway,  set  at  an  angle  not  greater  than  forty-five  degrees,  which  shall 
be  provided  with  hand  rails  and  with  platforms  or  landings  at  each  turn 
of  the  stairway. 

If  any  escapement  shaft,  at  the  time  of  the  passage  of  this  Act,  be 
equipped  with  a  cage  for  hoisting  men,  such  shaft,  cage  and  all  equip- 
ment used  in  connection  therewith  must  conform  to  the  requirements  of 
this  Act  in  reference  to  the  hoisting  and  low^ering  of  men. 

Passageways  to  escapemext.  (e)  Such  escapement  shaft  or  open- 
ing or  communication  with  a  contiguous  mine  as  aforesaid,  shall  be 
constructed  in  connection  with  every  seam  of  coal  worked  in  such  mine, 
and  all  passageways  communicating  with  the  escapement  shaft  or  place 
of  exit,  from  the  main  hauling  w^ays  to  said  place  of  exit,  shall  be  main- 
tained free  of  obstructions  at  least  5  feet  high  and  5  feet  wide.  Such 
passageways  must  be  so  graded  and  drained  that  it  will  he  impossible 
for  water  to  accumulate  in  any  depression  or  dip  of  the  same  in  quanti- 
ties sufficient  to  obstruct  the  free  and  safe  passage  of  men.  Xo  passage- 
way to  an  escapement  shaft  shall  pass  through  a  stable.  At  all  points 
where  the  passageway  to  the  escapement  shaft  or  other  place  of  exit  is 
intersected  by  other  roadways  or  entries,  conspicuous  signboards  shall 
be  placed  indicating  the  direction  it  is  necessary  to  take  in  order  to 
reach  such  place  of  exit. 


100  BUREAU    OF    L-IBOR   STATISTICS. 

Communications  with  adjacent  mines.  (/)  When  operators  ol 
adjacent  mines  have,  by  agreement,  established  underground  communi- 
cations between  said  mines  as  an  escapement  outlet  for  the  men  em- 
ployed in  both,  the  intervening  doors  shall  remain  unlocked  and  ready  at 
all  times  for  immediate  use. 

When  such  communication  has  once  been  established  between  con- 
tiguous mines,  the  operator  of  either  shall  not  close  the  same  without  the 
consent  of  the  operator  of  the  contiguous  mine  and  of  the  State  inspector 
for  the  district :  Provided,  that  when  either  operator  desires  to  abandon 
mining  operations  the  expense  and  duty  of  maintaining  such  communi- 
cation shall  devolve  upon  the  party  continuing  operations  and  using 
the  same. 

§  10.  Gates  at  landings,  {a)  The  upper  and  lower  landing  at 
the  top  of  each  shaft,  and  the  opening  of  each  intermediate  seam  from 
or  to  the  shaft,  shall  be  kept  clear  and  free  from  loose  materials,  and 
shall  be  protected  with  automatic  or  other  gates.  At  the  top  landing  cage 
supports,  where  necessary,  must  be  carefully  set  and  adjusted  so  as  to 
securely  hold  the  cage  when  at  rest. 

Lights  on  landings,  (h)  Wherever  the  hoisting  or  lowering  of 
men  occurs  before  daylight  or  after  dark,  or  when  the  landing  at  which 
men  take  or  leave  the  cage  is  at  all  obscured  by  steam  or  otherwise,  there 
must  always  be  maintained  at  such  landing  a  light  sufficient  to  show 
the  landing  and  surrounding  objects  distinctly.  Likewise,  as  long  as 
there  are  men  underground  in  any  mine,  the  operator  shall  maintain  a 
good  and  suffiiCient  light  at  the  bottom  of  the  shaft  thereof,  so  that 
persons  coming  to  the  bottom  may  clearly  discern  the  cage  and  objects 
in  the  vicinity. 

Hoisting  equipment,  (c)  Every  shaft  in  which  men  are  hoisted 
and  lowered  must  be  equipped  with  a  cage,  or  cages,  fitted  to  guide-rails 
running  from  the  top  to  the  bottom.  Said  cages  must  be  substantially 
constructed;  they  must  be  furnished  with  sheet-metal  covers  adequate 
to  protect  persons  riding  thereon  from  falling  objects;  they  must  be 
equipped  with  safety  catches.  Every  cage  on  which  persons  are  carried 
must  be  fitted  with  iron  bars  or  rings  in  proper  place  and  sufficient 
number  to  furnish  a  secure  hand-hold  for  every  person  permitted  to 
ride  thereon.  There  shall  be  attached  to  every  cage  on  which  men  are, 
or  may  be,  hoisted  or  lowered,  a  horn  or  other  device  with  which  signals 
can  be  given  on  the  cage. 

{d)  In  connection  with  every  hoisting  engine  used  for  hoisting  or 
lowering  of  men  there  shall  be  provided  as  follows: 

Brake  on  drum.  (1)  A  good  and  sufficient  brake  on  the  drum, 
so  adjusted  that  it  may  be  operated  by  the  engineer  without  leaving  his 
post  at  the  levers. 

Flanges.  (2)  Flanges  attached  to  the  sides  of  the  drum,  with  a 
distance  when  the  whole  rope  is  wound  on  the  drum  of  not  less  than  4 
inches  between  the  outer  layer  of  rope  and  the  greatest  diameter  of 
the  flange. 

EoPE  fastenings.  (3)  One  end  of  each  hoisting  rope  shall  be  well 
secured  on  the  drum,  and  at  least  three  lans  of  the  same  shall  remain  on 
the  drum  when  the  cage  is  at  rest  at  the  lowest  caging  place  in  the  shaft. 


LABOR   IJEGISLATIOX   FORTYtSETENTH   GENERAL  ASSEMBLY.  101 

The  lower  end  of  each  rope  shall  be  securely  fastened  to  the  cage  by 
suitable  sockets  and  chains. 

Indicator.  (4)  An  index  dial  or  indicator  that  plainly  shows  the 
engineer  at  all  times  the  true  position  of  the  cages  in  the  shaft. 

SiGXALS.  (e)  At  every  mine  where  men  are  hoisted  and  lowered  by 
machinery  there  shall  be  provided  means  of  signaling  to  and  from  the 
bottom  man,  the  top  man  and  the  engineer.  The  signal  system  shall 
consist  of  a  tube,  or  tubes,  or  wire  encased  in  wood  or  iron  pipes,  through 
which  signals  shall  be  communicated  by  electricit}',  compressed  air  or 
other  pneumatic  devices,  or  by  ringing  a  bell.  When  compressed  air  or 
other  pneumatic  devices  are  used  for  signaling,  provision  must  be  made 
to  prevent  signal  from  repeating  or  reversing.  The  following  signals 
shall  he  used  at  mines  where  signals  are  required: 

From  the  bottom  man  to  the  top:  One  ring  or  whistle  shall  signify 
to  hoist  coal  or  the  empty  cage,  and  also  to  stop  either  when  in  motion. 

Two  rings  or  whistles  shall  signify  to  lower  cage. 

Three  rings  or  whistles  shall  signify  that  men  are  coming  up  or  going 
down:  when  return  signal  is  received  from  the  engineer  the  men  shall 
get  on  the  cage  and  the  proper  signal  to  hoist  or  lower  shall  be  given. 

Four  rings  or  whistles  shall  signify  to  hoist  slowly,  implying  danger. 

Five  rings  or  whistles  shall  signify  accident  in  the  mine  and  a  call 
for  a  stretcher. 

Six  rings  or  whistles  shall  signify  hold  cage  perfectly  still  until  sig- 
naled otherwise. 

From  top  to  bottom,  one  ring  or  whistle  shall  signify:  All  ready, 
get  on  cage. 

Two  rings  or  whistles  shall  signify :     Send  away  empty  cage. 

Provided,  that  the  operator  of  any  mine  may,  with  the  consent  of 
the  inspector,  add  to  this  code  of  signals  in  his  discretion.  The  code  of 
signals  in  use  at  any  mine  shall  be  conspicuously  posted  at  the  top  and 
at  the  bottom  of  the  shaft,  and  in  the  engine  room  at  some  point  in  front 
of  the  engineer  when  standing  at  his  post. 

Gauges,  (f)  Every  boiler  shall  be  provided  with  a  glass  water 
gauge  and  not  less  than  three  try  cocks  and  also  a  steam  gauge,  except 
that  where  two  or  more  boilers  are  equipped  with  a  steam  drum  properly 
■connected  with  the  boilers  to  indicate  the  steam  pressure  and  without 
any  valves  between  said  boilers  and  the  steam  drum,  the  steam  gauge 
may  be  placed  in  said  steam  drum;  and  other  steam  gauge  shall  be  at- 
tached to  the  steam  pipe  in  the  engine  house,  each  to  be  placed  in  such 
a  position  that  the  engineer  and  the  fireman  can  readily  see  what  pressure 
is  being  carried.  Such  steam  gauges  shall  be  kept  in  good  order,  and 
adjusted  and  be  tested  as  often,  at  least,  as  every  six  months. 

Safety  valves,  (g)  Every  boiler  shall  l3e  provided  with  a  safety 
valve  with  weights  or  springs  properly  adjusted,  except  that  where  two 
or  more  boilers  are  equipped  with  a  steam  drum  properly  connected 
with  the  boilers  to  indicate  the  steam  pressure  and  without  any  valves 
between  said  boilers  and  the  steam  drum,  the  safetv  valve  may  be  placed 
in  said  steam  drum. 

Inspectiox  of  boilers,  (h)  All  boilers  used  in  generating  steam 
in  and  about  coal  mines  or  sinking  shafts  shall  be  kept  in  good  order. 


102  \  .  :   BDRE:4B    01?  J.AfeO«   STATISTICS. 

and  the  operator  of  ev^ry  coal  mine  where  steam  boilers  are  in  use  shall 
have  said  boilers  thoroughly  examined  and  inspected  by  a  competent 
boilermaker  or  other  qualified  person,  not  an  employe  of  said  operator, 
as  often  as  once  in  every  six  months,  and  oftener  if  the  mine  inspector 
shall  so  require  in  writing,  and  the  result  of  every  such  inspection  shall 
be  reported  on  suitable  blanks  to  said  mine  inspector. 

Run-around  at  bottom,  (i)  At  every  underground  landing  where 
men  enter  or  leave  the  cage  and  where  men  must  pass  from  one  side  of 
the  cage  to  the  other,  there  shall  be  a  passageway,  free  from  obstruction 
and  dry  as  possible,  around  the  shaft  not  less  than  three  feet  wide  for 
the  use  of  men  only;  and  animals  or  cars  shall  not  b^  taken  through  such 
passageway  while  men  are  passing  or  desirous  of  passing  through  such 
passageway. 

Refuge  place  on  shaft  bottom.  (;)  A  refuge  place  or  places  for 
men  coming  out  at  the  close  of  the  day's  work  shall  be  provided  off  the 
main  bottom  of  cageroom  in  shaft  mines,  at  a  place  or  places  and  of 
such  size  as  shall  be  approved  by  the  State  mine  inspector.  Such  place 
or  places  shall  be  not  more  than  400  feet  from  the  hoisting  shaft.  When 
leaving  such  refuge  places  to  be  hoisted  out,  the  men  shall  be  governed 
by  the  rules  of  the  mine. 

Obstructions  in  shaft,  (k)  No  accumulation  of  ice  or  obstruc- 
tions of  any  kind  shall  be  permitted  in  any  shaft  in  which  men  are 
hoisted  or  lowered ;  nor  shall  any  dangerous  gases  or  steam  be  discharged 
into  said  shaft  in  such  quantities  or  at  such  times  as  to  interfere  with 
the  safe  passage  of  men.  All  surface  or  other  water  which  flows  therein 
shall  be  conducted  by  rings  or  otherwise  to  receptacles  provided  for  the 
same  in  such  manner  as  to  prevent  water  from  falling  upon  men  while 
passing  into  or  out  of  the  mine  or  while  in  the  discharge  of  their  duties 
about  the  shaft  bottom. 

Inspection,  (l)  All  shafts  by  which  men  enter  or  leave  the  mine, 
and  the  passageways  leading  thereto,  or  to  the  works  of  a  contiguous 
mine  used  as  an  escapement  shaft  shall  be  carefully  examined  at  least 
once  each  week  that  the  mine  is  operated  and  the  date  and  findings  of 
such  an  examination  entered  promptly  in  the  books  kept  at  the  mine 
for  that  purpose.  If  obstructions  to  the  free  passage  of  men  are  found, 
their  location  and  nature  shall  be  stated  in  said  report.  Such  obstruc- 
tions shall  be  promptly  removed. 

§  11.  Buildings  on  the  surface,  (a)  After  the  passage  of  this 
Act,  there  shall  not  be  erected  or  re-erected  on  the  surface  within  100 
feet  of  any  hoisting  shaft  or  escapement  shaft,  any  inflammable  struc- 
ture: Provided,  that  this  paragraph  shall  not  apply  to  mines  employing 
ten-  (10)  men  or  less.- 

Oil  and  other  explosives.  (&)  Xo  oils  or  similarly  inflammable 
materials  shall  be  stored  within  100  feet  of  any  hoisting  or  escapement 
shaft,  nor  in  any  mine. 

All  explosive  materials  shall  be  stored  in  a  fireproof  magazine  located 
on  the  surface  not  less  than  500  feet  from  all  other  buildings  in  connec- 
tion with  the  mine,  and  such  magazine  shall  be  so  placed  as  not  to 
jeopardize  the  free  and  safe  exit  of  men  from  the  mine  in  case  of  an 
explosion  at  the  magazine. 


L-\BOR   LEGISLATION   FORTY-SEVEXTH   GENERAL   ASSEMBLY.  103 

Engine  and  boiler-house,  {c)  Auv  building  erected  after  the 
passage  of  this  Act,  for  the  purpose  of  housing  the  hoisting  engine  or 
boilers  at  any  mine,  shall  be  substantially  fireproof,  and  no  boiler-house 
shall  be  nearer  than  sixty  feet  to  the  main  shaft  or  other  opening,  or  to 
any  building  or  inflammable  structure  connecting  therewith. 

§  12.  Top  man  and  bottom  man.  (a)  At  exeTj  shaft  where  men 
are  hoisted  or  lowered  by  machinery,  the  operator  shall  station  at  the  top 
and  at  the  bottom  of  such  shaft  a  competent  man  who  shall  be  and  is 
hereby  charged  with  the  duty  of  attending  to  signals,  and  is  empowered 
to  preserve  order  and  enforce  the  rules  governing  the  carriage  of  men 
on  cages.  Said  top  man  and  bottom  man  shall  be  at  their  respective 
posts  of  duty  at  least  half  an  hour  before  the  hoisting  of  coal  begins  in 
the  morning,  and  remain  for  half  an  hour  after  the  hoisting  ceases  for 
the  day. 

Speed  of  cages  and  other  regulations,  (h)  Cages  on  which  men 
are  riding  shall  not  be  lifted  nor  lowered  at  a  rate  of  speed  greater  than 
six  hundred  feet  per  minute,  except  with  the  written  consent  of  the 
inspector.  Xo  person  shall  carry  any  tools,  timber  or  other  materials 
with  him  on  any  cage  in  motion,  except  for  use  in  repairing  the  shaft, 
and  no  one  shall  ride  on  a  cage  containing  either  a  loaded  or  empty 
car.  Xo  cage  having  an  unstable  or  self-dumping  platform  shall  be 
used  for  the  carriage  of  men  or  materials,  unless  the  same  is  provided 
with  some  device  by  which  said  platform  can  be  securely  locked,  and 
unless  it  is  locked  whenever  men  or  materials  are  being  conveyed  there- 
on. Xo  coal  shall  lie  hoisted  in  any  shaft  while  men  are  being  lowered 
therein. 

Eights  of  men  to  come  out.  (c)  Whenever  men  who  have  finished 
their  day's  work,  or  have  been  prevented  from  further  work,  shall  come 
to  the  bottom  to  be  hoisted  out,  an  empty  cage  shall  be  given  them  for 
that  purpose,  unless  there  is  an  available  exit  by  slope  or  stairway  in 
an  escapement  shaft,  and  providing  there  is  no  coal  at  the  bottom  ready 
to  be  hoisted.  In  case  of  injury  or  bona  fide  illness,  a.  man  shall  be 
given  a  cage  at  once. 

§  13.  Safety  lamps,  {a)  At  every  mine  in  this  State,  the  operator 
shall  provide  and  keep  in  condition  for  use  not  less  than  two  safety 
lamps  and  shall  provide  and  keep  as  mam^  more  as  may  be  required  in 
writing  by  the  State  mine  inspector.  Davy  lamps  shall  not  be  used  for 
any  purpose  except  testing. 

(6)  All  safety  lamps  shall  be  the  property  of  the  operator  and  when 
not  in  use  shall  remain  in  the  custody  of  the  mine  manager  or  other 
competent  person  designated  by  him,  who  shall  clean,  fill,  trim,  examine 
and  deliver  same  locked  and  in  safe  condition  to  the  men  when  they 
enter  the  mine,  or  at  some  underground  station  designated  by  the  mine 
manager  for  that  purpose.  He  shall  also  receive  the  lamps  from  the 
men  when  they  leave  the  mine  or  as  they  pass  the  underground  lamp 
station  at  the  end  of  their  shift. 

The  persons  to  whom  lamps  are  thus  given  shall  be  responsible  for 
tlK^  condition  and  projDcr  use  of  the  safety  lamps  while  in  their  posses- 
sion, and  their  return  to  the  lamp  station. 


104  BUREAU   OF   LABOR   STATISTICS. 

No  safety  lamps  shall  be  given  to  any  person  for  use  in  a  mine  nor 
shall  any  person  use  a  safety  lamp  in  a  mine  until  said  person  has 
given  evidence  satisfactory  to  the  mine  manager  that  he  understands  the 
proper  use  thereof  and  the  danger  of  tampering  with  the  same. 

(c)  No  person  except  one  duly  authorized  by  the  mine  manager  shall 
have  in  his  possession  in  any  part  of  the  mine  where  locked  safety 
lamps  are  used,  any  matches  or  other  means  of  producing  fire,  or  any 
lamp-key  or  other  instrument  usable  for  the  opening  of  a  locked  safety 
lamp.  Any  person  violating  the  provisions  of  this  section  shall  be  guilty 
of  a  misdeineanor  and  punishable  as  hereinafter  provided  relating  to 
misdemeanors  und^r  this  Act. 

(d)  Electric  lamps  which  will  not  ignite  explosive  gases  may  be 
used  instead  of  safety  lamps  for  purposes  for  which  safety  lamps  are 
required  in  this  Act  except  for  testing  for  explosive  gas. 

§  14.  Ventilation,  (a)  x\t  every  coal  mine  there  shall  be  pro- 
vided and  maintained  artificial  means  for  supplying  an  amount  of  air 
which  shall  be  not  less  than  100  cubic  feet  per  minute  for  each  person, 
and  not  less  than  500  cubic  feet  per  minute  for  each  animal  in  the  mine, 
measured  at  the  foot  of  the  downcast  and  of  the  upcast;  except  in 
gaseous  mines  there  shall  be  not  less  than  150  cubic  feet  of  air  per 
minute  for  each  person  in  the  mine.  The  inspector  shall  have  power 
bj  order  in  writing  to  require  these  quantities  to  be  increased. 

(&)  The  main  current  or  air  shall  be  so  split  or.  subdivided  as  to 
give  a  separate  current  of  reasonable  pure  air  to  every  100  men  at  work, 
and  the  inspector  shall  have  authority  to  order,  in  writing,  separate 
currents  for  smaller  groups  of  men,  if,  in  his  judgment,  special  condi- 
tions render  it  necessary. 

(c)  Doors,  curtains  or  brattices  shall  be  placed  at  such  places  as 
may  be  designated  by  the  mine  manager,  subject  to  the  approval  of  the 
State  inspector,  for  conducting  the  required  amount  of  air  into  the 
w^orking  places.  Curtains  shall  not  be  permanently  used  in  main  entries 
without  the  written  consent  of  the  State  mine  inspector. 

(d)  Away  from  the  pillar  for  the  mine  bottom,  cross-cuts  between 
entries  shall  be  made  not  more  than  sixty  feet  apart  without  permission 
of  the  State  inspector  of  the  district  and  then  only  in  case  of  "faults.*' 
When  such  consent  is  given,  brattice  or  other  means  must  be  provided 
within  sixty  feet  of  the  face  to  convey  the  air  to  the  working  place  until 
a  cross-cut  is  opened  up. 

When  undercut  or  sheared,  the  entry,  cross-cut  and  room-neck  may 
be  advanced  concurently,  but  not  more  than  one  cutting  shall  be  shot 
in  the  room-neck  until  the  cross-cut  is  finished ;  and  after  the  entry  has 
advanced  fifteen  feet  beyond  the  location  of  the  new  cross-cut,  only  one 
shot  shall  be  fired  in  the  entry  to  two  in  either  or  both  the  cross-cut  and 
room-neck  at  the  same  shooting  time. 

When  not  undercut  or  sheared,  the  entry  and  cross-cut  may  be  ad- 
vanced concurrently,  but  no  room  shall  be  opened  in  advance  of  the  last 
open  cross-cut,  and  after  the  entry  has  advanced  fifteen  feet  beyond  the 
location  of  a  new  cross-cut  only  one  shot  shall  be  fired  in  the  entry  to  two 
in  the  cross-cut  at  the  same  shootins^  time. 


LABOR   LEGISLATION   FORTY-SEVENTH   GENERAL   ASSEMBLY.  105 

Not  more  than  three  shots  shall  be  exploded  at  one  shooting  time 
ahead  of  the  last  open  cross-cut. 

(e)  After  the  taking  effect  of  this  Act,  the  first  cross-cut  in  the 
first  room  off  any  entry  shall  not  be  more  than  50  feet  from  the  rib  of 
the  entry,  and  the  first  cross-cut  in  the  second  room  shall  not  be  more 
than  80  feet  from  the  rib  of  the  entry,  subsequently  first  cross-cuts  in 
all  the  rooms  shall  be  not  more  than  50  and  80  feet  respectively  from 
the  rib  of  the  entry.  Additional  cross-cuts  shall  not  be  more  than  60 
feet  apart. 

(/)  All  cross-cuts  connecting  inlet  and  outlet  air  courses,  except  the 
last  one  nearest  the  face,  shall  be  closed  with  substantial  stoppings,  to 
be  made  as  nearly  air-tight  as  possible.  In  the  making  of  the  air-tight 
partitions  or  stoppings,  no  loose  material  or  refuse  shall  be  used. 

Cross-cuts  between  rooms,  except  the  one  nearest  the  face,  shall  be 
closed  sufficiently  to  carry  to  the  working  places  the  amount  of  air 
required  by  law. 

(g)  When  explosive  gas  in  dangerous  quantity  is  discovered  in 
working  places  before  the  men  go  into  the  mine  in  the  morning,  such  gas 
shall  be  removed  by  a  special  current  of  air  produced  by  bratticing  or 
from  a  pipe,  before  men  are  permitted  to  work  in  such  places  with  other 
lights  than  safety  lamps. 

(h)  If,  in  any  mine,  the  conditions  are  such  that  in  the  judgment 
of  the  mine  manager  or  the  judgment  of  the  State  mine  inspector  ex- 
pressed in  writing,  it  is  necessary  to  use  safety  lamps  onlv  in  working 
said  mine,  other  lights  shall  not  be  used  therein. 

(i)  The  air  from  the  outlet  of  the  stable  shall  not  pass  into  the 
intake  air  current  used  for  ventilating  the  working  parts  of  the  mine. 

(;■)  All  doors  in  mines,  used  in  guiding  and  directing  the  ventila- 
ting currents  shall  be  hung  and  adjusted  so  as  to  close  automatically. 

(Ji)  At  all  doors  through  which  three  or  more  drivers  are  hauling 
coal  on  any  one  shift,  an  attendant  shall  be  employed  on  said  shift  for 
the  purpose  of  opening  and  closing  said  doors  when  trips  of  cars  are 
passing  to  and  from  the  workings :  Provided,  the  mine  inspector,  in 
case  of  specially  dangerous  conditions,  shall  have  power  to  require  in 
writing  that  an  attendant  be  placed  at  doors  through  which  less  than 
three  drivers  pass.  Places  for  shelter  shall  be  provided  at  such  door- 
ways to  protect  the  attendants  from  being  injured  by  the  cars  while 
attending  to  their  duties :  Provided,  that  in  any  one  or  all  mines,  where 
doors  are  constructed  in  such  a  manner  as  to  open  and  close  auto- 
matically, attendants  and  places  for  shelter  shall  not  be  required. 

{I)  if  the  inspector  shall  find  men  working  without  the  amount' of 
air  required  by  laAv,  he  shall  at  once  notify  the  mine  manager  to  increase 
the  amount  of  air  in  accordance  with  the  law.  Upon  the  failure  or  re- 
fusal of  the  manager  to  act  promptly,  and  in  all  cases  where  men  are 
endangered  by  such  lack  of  air,  the  inspector  shall  at  once  order  the  men 
affected  out  of  the  mine. 

(??i)  In  case  the  passageways,  roadways  or  entries  of  any  mine  are 
so  drv-  that  the  air  becomes  charged  with  dust,  the  operator  of  such  mine 
must  have  such  roadways  regularly  and  thoroughly  sprayed,  sprinkled 
•or  cleaned. 


106  BUREAU  OF  LABOR  STATISTICS. 

§  15.  Eefuge  places,  power  haulage  roads,  (a)  On  all  single- 
track  haulage  roads  where  hauling  is  done  by  machinery,  which  roads 
the  persons  employed  in  the  mine  must  use  while  performing  their  work 
or  travel  on  foot  to.  and  from  their  work,  there  shall  l)e  places  of  refuge 
on  one  side  not  less  than  3  feet  in  depth  from  the  side  of  the  car,  and 
not  less  than  4  feet  long  and  5  feet  in  height  and  not  more  than  60  feet 
apart.  On  rope-haulage  roads,  means  of  signaling  shall  be  established 
between  the  haulage  engineer  and  all  points  on  the  road.  A  conspicuous 
white  light  must  be  carried  on  the  front,  and  a  conspicuous  red  light 
or  white  signal  board  on  the  rear  of  every  trip  or  train  of  pit  cars  moved 
by  machinery. 

Eepuge  places — mule  roads,  (h)  On  all  haulage  roads  on  which 
the  hauling  is  done  by  draft  animals,  whereon  men  are  obliged  to  be  in 
the  performance  of  their  duties  or  have  to  pass  to  and  from  their  work, 
there  shall  be  places  of  refuge  not  less  than  2i/2  feet  in  width  from  the 
side  of  the  car,  and  not  less  than  4  feet  long  and  5  feet  in  height  and 
not  more  than  60  feet  apart. 

EooM-NECKS  as  REFUGE  PLACES,  (c)  Eefuge  placcs  shall  not  be 
required  in  entries  on-  which  room-necks  at  regular  intervals  not  exceed- 
ing 60  feet  furnish  the  required  refuge  places. 

Keeping  refuge  places  clear,  {d)  All  places  of  refuge  must  be 
kept  clear  of  obstructions  and  no  material  shall  be  stored  nor  be  allowed 
to  accumulate  therein.  They  shall  also  be  whitewashed  not  less  than 
once  in  six  months. 

Gob  on  haulage  roads,  (e)  One  side  of  all  haulage  roads  shall  be 
kept  clear  of  refuse  or  materials,  except  timbering,  unless  the  rib  or 
timbering  on  such  side  shall  be  2i/2  feet  or  more  from  the  rail,  but  in 
such  case  materials  or  refuse  shall  not  be  permitted  within  2^  feet  of 
the  rail. 

§  16.  Cars.  When  there  is  more  than  one  link  on  either  end  of 
car,  no  swinging  open-hook  coupling  shall  be  used  on  mine  cars  installed 
after  this  Act  shall  be  in  force. 

Mine  cars  in  use  when  this  Act  shall  become  in  force  and  effect  shall 
be  made  to  comply  with  this  provision  within  one  vear  thereafter. 

§  17.  Voltage.  (a)  Trolley  wires  or  other  exposed  electrical 
wires  shall  not  carry  a  voltage  above  275  volts. 

Wires  crossing  haulage  ways,  (h)  All  trolley  and  positive  feed 
wires  crossing  places  where  persons  or  animals  are  required  to  travel 
shall  be  safely  guarded  or  protected  from  such  persons  or  animals  com- 
ing in  contact  therewith. 

(c)  All  terminal  ends  of  positive  wires  shall  be  guarded  so  as  to 
prevent  persons  inadvertently  coming  in  contact  therewith. 

§  18.  Oil  standard,  (a)  All  illuminating  oils  used  in  coal  mines 
shall  conform  to  such  specifications  as  shall  be  prescribed .  by  the  State 
Mining  Board. 

Brands  of  oil.  (h)  All  oils  sold  or  offered  for  sale  to  be  used  for 
illuminating  purposes  in  coal  mines  shall  be  stamped  or  branded  upon 
the  original  barrel  or  package  in   which  said  oil  is   furnished  to  the 


LABOR   LEGISLATION   FORTY-SEVEXTH   GENERAL   ASSEMBLY.  107 

person,  firm  or  corporation  selling  or  furnishing  such  oil  to  show  that 
such  oil  has  been  tested  and  found  to  conform  to  the  specifications  pre- 
scribed by  the  State  Mining  Board. 

Penalty,  (c)  Any  person,  firm  or  corporation,  either  by  them- 
selves, agents  or  employes,  selling  or  offering  to  sell  for  illuminating 
purposes  in  any  mine  in  this  State  any  oil  not  complying  with  the 
specifications  of  the  State  Mining  Board  as  suitable  for  illuminating 
purposes  as  contemplated  in  this  Act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  fined  not  less  than 
twenty-five  dollars,  nor  more  than  one  hundred  dollars  for  each  offense; 
and  any  mine  owner  or  operator  or  employe  of  such  owner  or  operator 
who  shall  knowingly  use,  or  any  mine  operator  who  shall  Jvuowingly 
permit  to  be  used,  for  illuminating  purposes  in  any  mine  in  this  State 
any  oil  the  use  of  which  is  forbidden  by  this  Act,  shall  be  guilty  of  a 
misdemeanor,  and  shall  be  fined  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars. 

Sampling  and  testing,  (d)  The  State  mine  inspectors  shall  have 
authority  to  sample  all  oil  used  for  illuminating  purposes  in  the  mines 
of  this  State,  or  kept  on  hand  for  use  or  for  sale  at  such  mines,  and 
for  such  purpose  they  may  enter  upon  the  premises  of  any  person.  It 
shall  be  their  duty  to  send  to  the  State  Mining  Board  to  be  tested  a 
sample  of  any  oil  they  have  reason  to  susj^ect  does  not  comply  with  the 
specifications  of  the  State  Mining  Board  in  regard  to  illuminating  oil 
for  use  in  mines;  and  if  the  said  sample  of  oil  is  found  after  suitable 
tests  not  to  comply  with  the  provisions  of  this  Act,  the  person  using 
said  oil  or  selling  or  offering  the  same  for  sale,  shall  be  prosecuted  in 
accordance  with  the  provisions  of  this  Act. 

§  19.  Amount  of  powder  kept  in  mine,  (a)  Xo  blasting  powder, 
or  other  explosives,  shall  be  stored  in  any  coal  mine,  and  no  workman 
shall  have  at  any  time  in  the  mine  more  than  thirty-five  pounds  of 
black  powder  nor  more  than  twenty-five  pounds  of  i^ermissible  explo- 
sives, nor  more  than  three  pounds  of  other  high  explosives :  Provided, 
that  nothing  in  this  section  shall  be  construed  to  prevent  the  operator 
of  any  mine  from  taking  into  the  mine,  when  miners  are  not  therein, 
and  in  electrically  equipj^ed  mines,  while  the  current  is  turned  off  on 
roadways  through  which  it  is  transported,  a  sufficient  quantity  of  powder 
for  the  reasonable  requirements  of  such  mine  for  the  next  succeeding 
working  day,  but  in  the  interim  before  such  powder  is  delivered  to  the 
men,  it  shall  be  kept  in  a  closed  receptacle. 

Explosives  shall  not  be  carried  in  the  same  car  with  tools  or  other 
materials. 

Plage  and  manner  of  keeping  in  the  mine,  (h)  Every  person 
wlio  lias  powder  or  other  explosives  in  a  mine  shall  keep  the  same  in  a 
wooden  box,  securely  locked,  with  hinged  lid.  and  said  box  shall  be  kept 
as  far  as  practicable  from  the  track :  and  all  powder  boxes  shall  be  kept 
as  far  as  practicable  from  eacli  other  and  each  in  a  secluded  place.  Black 
powder  and  high  explosives  or  caps  shall  not  be  kept  in  the  same  box. 
P/otonating  explosives  and  detonators  shall  not  be  kept  in  the  same  box. 

Manner  of  handling,  (c)  Whenever  a  workman  is  about  to  open 
a  l)ox  or  keg  containing  ]wwder  or  other  explosive,  and  while  handling 


108  BUREAU   OF    LABOR   STATISTICS. 

the  same,  he  shall  place  and  keep  his  lamp  at  least  five  feet  distant  from 
said  explosive,  and  in  such  position  that  the  air  current  can  not  convey 
sparks  to  it,  and  no  person  shall  approach  nearer  than  five  feet  to  any 
open  box  containing  an  open  keg  of  powder  or  other  explosive  with  a 
lighted  lamp,  lighted  pipe  or  other  thing  containing  fire.  No  miner, 
workman  or  other  person  shall  open  any  receptacle  containing  an  explo- 
sive except  by  the  means  of  opening  the  same  provided  by  the  manufac- 
turer thereof,  and  it  shall  be  unlawful  for  any  person  to  have  in  his 
possession  in  any  mine  any.  receptacle  containing  explosive  which  has 
been  opened  in  violation  of  this  Act. 

Quantity  of  powder  in  one  charge,  (d)  The  quantity  of  powder 
to  be  used  in  the  preparation  of  shots  shall  not,  in  any  case,  exceed  five 
(5)  standard  charges  full  of  powder  in  coal  seams  five  and  one-half 
(5I/2)  feet  or  over  in  thickness;  and  shall  not,  in  any  case,  exceed  four 
(4)  standard  charges  full  of  powder  in  coal  seams  under  five  and  one- 
half  (5I/2)  feet  in  thickness. 

Standard  charger,  (e)  For  the  purpose  of  determining  the  quan- 
tity of  powder  to  be  used  in  the  preparation  of  any  given  shot,  a  standard 
charger  is  defined  and  prescribed  to  be  a  cylindrical  metallic  charger  not 
to  exceed  twelve  (12)  inches  in  length  and  not  to  exceed  one  and  one- 
half  (1%)  inches  in  diameter. 

Dead  holes.  (/)  No  person  shall  drill  or  shoot  a  dead  hole  as 
hereinafter  defined.  A  "dead  hole"  is  a  hole  where  the  width  of  the 
shot  at  the  point  measured  at  right  angles  to  the  line  of  the  hole  is  so 
great  that  the  heel  is  not  of  sufficient  strength  to  at  least  balance  the 
resistance  at  the  point.  The  heel  means  that  part  of  the  shot  which 
lies  outside  of  the  powder. 

In  solid  shooting,  the  width  of  the  shot  at  the  point,  in  seams  of 
coal  six  feet  or  less  in  height,  shall  not  be  greater  than  the  height  of 
the  coal,  and  in  seams  of  coal  more  than  six  feet  in  thickness,  the  width 
of  the  shot  at  the  point  shall,  in  no  case,  be  more  than  six  feet. 

In  undercut  coal,  no  hole  shall  be  drilled  "on  the  solid"  for  any  part 
of  its  length. 

Mixed  shots,  (g)  In  no  case  shall  more  than  one  kind  of  explo- 
sive be  used  in  the  same  drill  hole. 

Copper  tools,  (h)  The  needle  used  in  preparing  a  blast  shall  be 
made  of  copper,  and  any  metallic  tamping-bar  or  scraper  shall  be  tipped 
with  at  least  five  (5)  inches  of  copper.  A  scraper  shall  not  be  used  for 
tamping. 

Tamping,  (i)  Every  blasting  hole  shall  be  tamped  full  from  the 
explosive  to  the  mouth  of  the  hole,  and  no  coal  dust  or  any  material 
that  is  inflammable  or  that  may  create  a  spark,  whether  the  same  shall 
be  wet  or  dry,  shall  be  used  for  tamping. 

Use  of  squibs,  (j)  When  a  squib  is  used  to  fire  a  shot  it  shall  be 
unlawful  to  shorten  or  oil  the  match  of  the  squib  or  to  ignite  it  except 
at  the  end. 

Warning  BEFORE  firing,  {h)  Before  firing  a  shot,  the  person  firing 
the  same  shall  see  that  all  persons  are  out  of  danger  from  the  probable 
effects  of  such  shot,  and  shall  take  measures  to  prevent  any  one  approach- 
inof  ])y  shouting  "fire"  before  lighting  the  same. 


.     KIBOR    LEGISLATIOX   FORTY-SEVEXTII   GENERAL   ASSEMBLY.  109 

XoT  MOKE  TJiAX  u^ E  biiuT  AT  A  TIME.  {1}  Not  more  than  one  shot 
shall  be  lighted  at  the  same  time  in  any  working  place  unless  the  firing 
is  done  by  electricity  or  by  fuses  of  such  length  that  the  interval  between 
the  explosions  of  any  two  shots  shall  be  not  less  than  one  minute,  and 
in  no  case  shall  any  shot  or  shots  be  fired  or  lighted  which  are  termed 
depending  or  dependent  shots,  until  after  the  expiration  of  ten  minutes 
from  the  successful  firing  of  the  relieving  shot  or  shots.  When  successive 
shots  are  to  be  fired  in  any  working  place  in  which  the  roof  is  broken 
or  faulty,  the  smoke  shall  be  allowed  to  clear  away  and  the  roof  exam- 
ined and  made  secure  between  shots. 

Missed  shots,  (m)  Xo  person  shall  return  to  a  missed  shot,  if 
lighted  with  a  squib,  until  five  (5)  minutes  have  elapsed  from  the  time 
of  lighting  the  same,  or,  if  lighted  with  fuse,  until  the  following  day; 
and  no  person  shall  return  to  a  missed  shot  when  the  firing  is  done  by 
electricity  unless  the  wires  are  disconnected  from  the  battery. 

(n)  Xo  missed  shot  shall  be  withdrawn  excepting  by  the  use  of 
copper  tipped  or  wooden  tools. 

§  20.     {a)     It  shall  be  the  duty  of  the  mine  manager: 

1.  To  visit  each  working  place  in  the  mine  at  least  once  in  two 
weeks. 

2.  To  provide  a  suitable  checking  system  whereby  the  entrance  into 
and  departure  from  the  mine  of  each  employe  shall  be  indicated. 

3.  To  have  the  underground  workings  of  the  mine  examined  by  a 
certificated  mine  examiner  within  twelve  hours  preceding  every  day  upon 
which  the  mine  is  to  be  operated.  Such  a  mine  examiner  shall  make 
the  examination  as  provided  in  this  Act,  and  he  shall  enter  his  report 
thereof  before  the  men  are  permitted  to  enter  the  mine  in  the  morning 
in  a  book  provided  for  that  purpose,  which  book  shall  be  kept  in  some 
convenient  place  on  top,  but  not  in  the  engine  room  or  office,  for  the 
information  of  the  inspector  and  other  persons  interested  therein. 

4.  To  examine  the  mine  examiner's  report  in  the  morning,  and  if 
the  working  places  are  reported  dangerous,  he  shall  withhold  the 
entrance  checks  of  men  working  in  such  places  until  he  has  advised  such 
men  of  the  danger  and  instructed  them  not  to  work  in  such  places  until 
the  reported  danger  has  been  removed,  except  for  the  purpose  of  remov- 
ing same. 

0.  When  there  is  to  be  a  night  shift  mining  coal,  the  mine  manager 
shall  require  the  places  in  which  such  night  shift  are  expected  to  work 
to  be  examined  for  gas,  or  falls  or  dangerous  roof,  by  the  person  in 
charge  of  such  night  shift  or  some  competent  person  duly  authorized 
by  him  before  the  men  enter  such  places  for  work.  The  night  shift  may 
go  into  the  mine  while  the  night  examiner  is  in  the  mine,  excepting  in 
mines  where  marsh  gas  has  been  detected  in  dangerous  quantities,  pro- 
vided they  do  not  go  into  the  working  places  until  the  required  exami- 
nation is  made. 

Certificated  mine  examiners  shall  not  be  required  for  the  examination 
preceding  the  night  shift,  excepting  in  mines  where  marsh  gas  is  detected 
in  dangerous  quantities.     The  night  examiner,  or  examiners,  shall  make 


110  BUREAU  OF  LABOR  STATISTICS. 

a  record  of  their  examination  in  a  special  book  kept  for  that  purpot-e, 
which  shall  be  kept  in  some  convenient  place  on  top  when  not  in  use 
by  the  examiner. 

6.  He  shall  provide  a  sufhcient  number  of  props,  caps  and  timbers, 
when  demanded,  delivered  on  the  miners'  cars  at  the  usual  place,  in 
suitable  lengths  and  dimensions  for  the  securing  of  the  roof  by  the 
miners. 

7.  He  shall  see  that  the  cross-cuts  are  made  at  proper  distances  apart, 
and  that  the  necessary  doors,  curtains,  and  brattices  are  provided  to 
secure  the  men  in  the  mine  the  volume  of  air  required  by  this  Act,  or 
by  the  written  demands  of  the  mine  inspector;  also,  that  all  stoppings 
along  air-ways  are  properly  and  promptly  built. 

8.  He  shall  keep  careful  watch  over  all  ventilating  apparatus  and- 
the  air  currents  in  the  mine,  and  in  case  of  accident  to  fan  or  machinery 
by  which  the  air  currents  are  stopped  or  materially  obstructed,  he  shall 
at  once  order  the  withdrawal  of  the  men  from  the  mine  and  prohibit 
their  return  until  the  required  ventilation  has  been  reestablished. 

9.  He  shall  measure  the  air  current  or  cause  the  same  to  be  measured 
at  least  once  each  week  at  the  inlet  and  outlet,  and  shall  keep  a  record  of 
such  measurements  for  the  information  of  the  mine  inspector. 

10.  He  or  his  assistant  shall,  at  least  once  a  week,  examine  the  road- 
ways leading  to  the  escapement  shaft  or  other  openings  for  the  safe 
exit  of  men  to  the  surface ;  and  shall  make  a  record  of  any  obstructions 
to  travel  he  may  encounter  therein,  together  with  the  date  of  their 
removal. 

11.  He  shall  examine  or  designate  a  competent  person  to  examine 
the  hoisting  ropes,  cages  and  safety  catches  every  morning,  and  shall 
require  the  ropes  to  be  tested  by  hoisting  the  cages  before  the  men  are 
lowered. 

12.  He  must  see  that  the  top  man  and  bottom  man  are  on  duty  and 
that  sufficient  lights  are  maintained  at  the  top  and  bottom  landings 
when  the  miners  are  being  hoisted  and  lowered. 

13.  The  mine  manager  or  his  assistant  shall  be  at  his  post  at  the 
mine  when  the  men  are  lowered  into  the  mine  in  the  morning-  for 
work,  and  shall  remain  at  night  until  all  the  men  employed  during  the 
day  shall  have  been  hoisted  out. 

14.  He  shall  give  special  attention  to  and  instructions  concerning 
the  proper  storage  and  handling  of  explosives  in  the  mines. 

15.  He  shall  see  that  all  dusty  haulage  roads  are  thoroughly  sprinkled 
at  regular  intervals  designated  by  the  mine  inspector.  ' 

(b)     The  mine  manager  shall  have  power: 

1.  To  instruct  employes  as  to  their  respective  duties  and  to  require 
of  all  employes  obedience  to  the  provisions  of  the  mining  law. 

2.  To  prescribe  special  rules  concerning  the  proper  storage  and'  han- 
dling of  explosives  in  the  mine  and  concerning  the  time  and  manner  of 
placing  and  discharging  the  blasting  shots,  and  it  shall  be  unlawful  for 
any  miner  to  fire  shots  except  according  to  such  rules. 

3.  In  mines  in  which  the  works  are  so  extensive  that  all  the  duties 
devolving  upon  the  mine  manager  cannot  l)e  discharged  by  one  man. 


L-\BOR    LEGISLATION    FORTY-SEVEXTII    GENERAL   ASSEMBLY.  Ill 

cuiiiptjtent  persons  may  be  designated  and  a})iJointed  as  assistants  to  the 
mine  manager,  wlio  shall  exercise  his  functions  under  the  mine  managers' 
instructions. 

§  21.  Certificated  mine  examiners,  (a)  A  certificated  mine 
examiner  shall  be  required  at  all  coal  mines.  There  shall  be  one  or 
more  additional  certificated  mine  examiners  whenever  required  in  writing 
by  the  State  mine  inspectors  when  the  conditions  are  such  as  to  make 
the  employment  of  such  additional  mine  examiners  necessar}'. 

(h)     It  shall  be  the  duty  of  the  mine  examiner: 

1.  To  examine  the  underground  workings  of  the  mine  within  twelve 
hours  preceding  every  day  upon  which  the  mine  is  to  be  operated. 

2.  When  in  the  ix?rformance  of  his  duties,  to  carry  with  him  a  safety 
lamp  in  proper  order  and  condition  and  a  rod  or  bar  for  sounding  the 
roof. 

3.  To  see  that  the  air  current  is  traveling  in  its  proper  course  and 
in  proper  quantity;  and  to  measure  with  an  anemometer  the  amount 
of  air  passing  in  the  last  cross-cut  or  break-throuerh  of  each  pair  of 
entries,  or  in  the  last  room  of  each  division  in  long-wall  mines,  and  at 
all  other  points  where  he  may  deem  it  necessary ;  and  to  note  the  results 
of  such  measurements  in  the  mine  examiners  book  kept  for  that  purpose. 

4.  To  inspect  all  places  where  men  are  required  in  the  performance 
of  their  duties  to  pass  or  to  work,  and  to  observe  whether  there  are  any 
recent  falls  or  dangerous  roof  or  accumulations  of  gas  or  dangerous 
obstructions  in  rooms  or  roadways:  and  to  examine  especially  the  edges 
and  accessible  parts  of  recent  falls  and  old  gobs  and  air  courses. 

0.  As  evidence  of  his  examination  of  said  rooms  and  roadways,  to 
inscrilje  in  some  suitable  place  on  the  walls  of  each,  not  on  the  face  of 
the  coal,  with  chalky  the  month  aiid  day  of  the  month  of  his  visit. 

6.  When  working  places  are  discovered  in  which  there  are  recent 
falls  or  dangerous  roof  or  dangerous  obstructions,  to  place  a  conspicuous 
mark  or  sign  thereat  as  notice  to  all  men  to  keep  out;  and  in  case  of 
accumulation  of  gas,  to  place  at  least  two  conspicuous  obstructions 
across  the  roadway  not  less  than  twenty  feet  apart,  one  of  which  shall 
be  outside  the  last  open  cross-cut. 

7.  Upon  completing  his  examination,  to  make  a  daily  record  of  the 
same  in  a  book  kept  for  that  purpose,  for  the  information  of  the  com- 
pan}^  the  ins^^ector  and  all  other  persons  interested;  and  this  record 
shall  be  made  each  morning  before  the  miners  are  permitted  to  enter  the 
mine. 

8.  To  take,  into  his  possession  the  entrance  checks  of  all  men  whose 
working  places  have  been  shown  by  his  examination  and  record  to  be 
dangerous,  and  to  give  such  entrance  checks  to  the  mine  manager  before 
the  men  are  permitted  to  enter  the  mine  in  the  morning. 

§  22.     It  shall  be  the  duty  of  the  hoisting  engineer: 

1.  To  be  in  constant  attendance  at  his  engine  or  boilers  at  all  times 
when  there  are  workmen  underground.  Whenever  it  is  the  duty  of  the 
engineer  to  attend  to  the  boilers,  means  for  signaling  from  the  shaft 
bottom  to  the  boiler-room  shall  be  provided. 


112  BUREAU  OP  LABOR  STATISTICS. 

2.  He  shall  not  permit  any  one  except  persons  duly  authorized  to 
enter  the  engineroom,  and  he  shall  hold  no  communication  with  any 
officer  of  the  company  or  other  person  while  the  engine  is  in  motion  or 
while  his  attention  is  occupied  with  the  signals. 

3.  The  engineer  or  some  other  properly  authorized  employe  shall: 
(a)     Keep  a  careful  watch  over  the  engines,  boilers^  pumps,  ropes 

and  winding  apparatus  under  his  jurisdiction. 

(&)  See  that  the  boilers  under  his  care  are  properly  supplied  with 
water,  cleaned  and  inspected  at  frequent  intervals. 

(c)  See  that  the  steam  pressure  does  not  exceed  the  limit  established 
by  the  boiler  inspector,  and  frequently  try  the  try  cocks  and  the  safety 
valves  and  shall  not  increase  the  weights  on  the  same. 

(d)  See  that  the  steam  and  water  gauges  are  kept  in  good  order,  and 
if  any  of  the  pumps,  valves  or  gauges  become  deranged  or  fail  to  act, 
promptly  report  the  fact  to  the  proper  authority. 

4.  He  shall  thoroughly  understand  the  established  code  of  signals, 
and  when  he  has  the  signal  that  men  are  on  the  cage,  he  must  operate  his 
engine  at  not  to  exceed  the  rate  of  speed  permitted  by  this  Act. 

5.  He  shall  permit  no  one  to  handle,  except  in  the  discharge  of  duty, 
or  meddle  with  any  machinery  under  his  charge  or  suffer  any  one  who 
is  not  a  certificated  engineer  to  operate  his  engine  except  for  the  purpose 
of  learning  to  operate  it,  and  then  only  in  the  presence  of  the  engineer 
in  charge  and  when  men  are  not  on  the  cage, 

§  23.  Special  rules,  (a)  It  shall  be  unlawful  for  any  person 
knowingly  or  negligently: 

1.  To  injure  or  tamper  with  any  appliance  or  machinery . 

2.  To  carry  an  open  light,  pipe  or  fire  in  any  form  into  any  place 
worked  by  the  light  of  safety  lamps,  or  within  five  feet  of  an  open 
package  of  explosive. 

3.  To  open  any  locked  safety  lamp  without  permission  from  the 
proper  authority. 

4.  To  handle  or  disturb  any  part  of  the  hoisting  machinery  without 
proper  authority. 

5.  To  obstruct  or  cause  any  obstruction  in  any  air  current  or  to 
leave  open  anv  door  or  other  means  provided  to  control  the  air  current  or. 
to  perform  any  act  that  will  interfere  with  the  ventilating  current  of  the 
mine  without  permission  to  do  the  same  from  the  mine  manager. 

'6.  To  deface,  pull  down  or  destroy  any  notice  board,  danger  signal, 
special  rule  or  record  book. 

(h)  No  person  shall  be  permitted  to  or  shall  enter,  work  in  or  about 
a  mine  or  mine  buildings,  tracks  or  machinery  connected  therewith  while 
under  the  influence  of  intoxicants. 

(c)  Every  miner  shall  sound  and  thoroughly  examine  the  roof  of  his 
working  place  before  commencing  work,  and  if  he  finds  loose  rock  or 
other  dangerous  conditions,  he  shall  not  work  in  such  dangerous  place 
except  to  make  such  dangerous  conditions  safe.  It  shall  be  the  duty  of 
the  miner  to  properly  prop  and  secure  his  place  for  his  own  safety  with 
materials  provided  therefor. 


LABOR    LEGISLATION   FORTY-SEVEXTH   GENERAL   ASSEMBLY.  113 

(d)  It  shall  be  the  duty  of  ever}'  operator  to  post  at  some  con- 
spicuous point  at  the  entrance  to  the  mine,  in  such  manner  that  the  em- 
ployes of  the  mine  can  read  them,  rules  not  inconsistent  with  this  Act. 
plainly  printed  in  the  English  language,  which  shall  govern  all  persons 
working  in  the  mine.  And  the  posting  of  such  notice,  as  provided,  shall 
charge  all  employes  of  such  mine  with  legal  notice  of  the  contents 
thereof. 

(e)  It  shall  be  unlawful  for  any  person  to  disobey  any  order  given  in 
pursuance  of  this  Act,  or  to  enter  any  place  against  a  danger  signal 
without  permission  from  the  mine  manager,  or  to  do  any  willful  act 
whereby  the  lives  or  health  of  persons  working  in  mines  or  the  securety 
of  the  mine  or  the  machinery  thereof  are  endangered. 

(/)  No  mine  employe  shall  enter  or  leave  a  mine  without  indicating 
the  fact  of  entering  or  leaving  said  mine  by  some  suitable  checking  sys- 
tem provided  by  and  under  the  control  of  the  mine  manager. 

(g)  No  person,  except  the  persons  necessary  to  operate  the  trip  or 
car,  shall  ride  on  any  loaded  car  or  "on  the  outside  of  any  car,  or  get  on 
or  off  a  car  while  in  motion. 

(h)  It  shall  be  unlawful  to  change,  exchange,  substiiute,  alter  or 
remove  any  number  or  check  or  other  device  or  sign  used  to  indicate  or 
identify  the  person  or  persons  to  whom  credit  or  pay  is  due  for  the 
mining  of  coal  in  any  car  or  appliance  containing  the  same,  with  intent 
to  cheat  or  defraud  any  other  person  of  the  value  of  his  services  for 
mining  the  coal  contained  in  such  car  or  appliance,  and  it  shall  be  Tin- 
lawful  for  a  person  with  intent  to  cheat  or  defraud  any  other  to  place 
any  number,  check  or  other  device  or  sign  upon  any  car  or  other  ap- 
pliance loaded  by  any  other  person  in  or  about  the  mine.  Any  violation 
of  this  provision  shall  be  deemed  a  larceny,  and  upon  conviction  thereof 
shall  be  punishable  as  provided  in  the  general  statutes  of  Illinois  with 
respect  to  larceny.  ^ 

§  24.  Ten-foot  limit,  (a)  In  no  case  shall  the  workings  of  any 
mine  be  driven  nearer  than  10  fe6t  to  the  boundary  line  of  the  coal  rights 
.pertaining  to  said  mine,  except  for  the  purpose  of  establishing  an  under- 
ground communication  between  contiguous  mines,  as  provided  for  else- 
where in  this  Act,  or  except  by  mutual  agreement  in  writing  between  the 
adjoining  owners. 

Approaching  abandoned  workings,  (h)  AYhenever  any  working 
place  approaches  within  50  feet  of  abandoned  workings  of  which  there 
is  a  map  prepared  as  required  by  law  and  which  may  contain  dangerous 
accumulations  of  water  or  of  gas,  the  operator  of  said  mine  shall  advance 
by  workings  not  more  than  20  feet  wide  and  maintain  in  advance  of  the 
face  a  bore  hole  not  less  than  10  feet  in  depth  and  one  hole  in  each  rib 
of  the  working  place  10  feet  in  depth,  which  side  holes  shall  be  drilled 
so  as  to  make  an  angle  of  not  less  than  forty-five  degrees  with  the  direc- 
tion of  the  rib.  If  there  is  not  a  map  of  the  abandoned  workings,  the 
holes  heretofore  provided  for  shall  be  drilled  when  the  new  workings 
are  within  100  feet  of  where  the  old  workings  are  supposed  to  be. 

§  25.  Duty"  of  inspector,  (a)  Any  loss  of  life  or  personal  injur}' 
in  or  about  any  coal  mine  shall  be  reported  without  delay  by  the  person 

— 8  LL 


114  BUREAU    OF    LABOR   STATISTICS. 

having  charge  of  said  mine  to  the  State  mine  inspector  of  the  district 
in  which  the  mine  is  located,  and  the  said  inspector,  in  case  of  injury, 
if  he  deem  necessary  from  the  facts  reported,  and  in  all  cases  of  loss  of 
life,  shall  go  immediately  to  the  scene  of  said  accident  and  render  every 
possible  assistance  to  those  in  need. 

Every  operator  of  a  coal  mine  shall  make  or  cause  to  be  made  and 
preserve  for  the  information  of  the  State  mine  inspector,  upon  uniform 
blanks  furnished  by  said  inspector,  a  record  of  all  deaths  and  all  in- 
juries sustained  by  any  of  his  employes  in  the  pursuance  of  their  regular 
occupations. 

CoRONBR^s  INQUEST.  (6)  If  any  person  is  killed  in  or  about  a  mine, 
the  operator  shall  also  notify  the  coroner  of  the  county,  or  in  his  ab- 
sence or  inability  to  act,  any  justice  of  the  peace  of  said  county,  who 
shall  hold  an  inquest  concerning  the  cause  of  such  death.  The  State 
mine  inspector  may  question  or  cross-question  any  witness  testifying 
at  the  inquest. 

Investigation  by  inspector,  (c)  The  State  mine  inspector  shall 
make  a  personal  investigation  as  to  the  nature  and  cause  of  all  serious 
accidents  within  his  jurisdiction.  He  shall  make  a  record  of  the  circum- 
stances attending  the  same,  as  developed  by  the  coroner^s  inquest  and 
his  own  personal  investigation,  which  record  shall  be  preserved  in  the 
files  of  his  office,  and  a  copy  thereof  filed  with  the  State  Mining  Board. 
To  enable  him  to  make  such  investigation  he  shall  have  power  to  com- 
pel the  attendance  of  witnesses  and  to  administer  oaths  or  affirmations 
to  them,  and  the  cost  of  such  investigations  shall  be  paid  by  the  county 
in  which  such  accident  has  occurred,  in  the  same  manner  as  the  costs 
of  coroner's  inquests  are  paid. 

§  26.  Stretchers  and  blankets.  At  every  mine,  it  shall  be  the 
duty  of  the  operator  thereof  to  keep  always  on  hand,  and  at  some  readily 
accessible  place,  a  properly  constructed  stretcher,  a  woolen  and  water- 
proof blanket,  and  a  roll  of  bandages  in  good  condition  and  ready  for 
immediate  use  for  binding,  covering  and  carrying  any  one  who  may  be 
injured  at  the  mine.  When  100  or  more  men  are  employed  at  any  mine, 
two  stretchers  and  two  woolen  and  two  waterproof  blankets,  with  a 
corresponding  number  of  bandages,  shall  be  provided  and  kept  on  hand. 
At  mines  where  fire-damp  is  generated,  there  shall  also  be  provided  and 
kept  in  store  a  suitable  supply  of  linseed  or  olive  oil,  for .  use  in  case 
where  men  are  burned  by  an  explosion. 

§  27.  Scales,  (a)  The  operator  of  every  coal  mine  where  miners 
are  paid  by  the  weight  of  their  output,  shall  provide  at  such  mine  suitable 
and  accurate  scales  for  the  weighing  of  such  coal,  and  a  correct  record 
shall  be  kept  of  all  coal  so  weighed,  and  said  record  shall  be  open  at  all 
reasonable  hours  to  the  inspection  of  miners  and  others  interested  in  the 
product  of  said  mine. 

Weighman.  (h)  The  person  authorized  to  weigh  the  coal  and  keep 
the  record  as  aforesaid  shall,  before  entering  upon  his  duties,  make  and 
subscribe  to  an  oath  before  some  person  duly  authorized  to  administer 
oaths,  that  he  will  accurately  weigh  and  carefully  keep  a  true  record  of 
all  coal  weighed,  and  such  affidavit  shall  be  kept  conspicuously  posted 
at  the  place  of  weighing. 


LABOR   LEGISLATIOIN'   FORTY-SEVENTH   GENERAL  ASSEMBLY.  115 

Check  weighman.  (c)  The  miners  at  work  in  any  coal  mine  may 
employ  a  check  weighman  at  their  option  and  at  their  own  expense,  whose 
duty  it  shall  be  to  balance  the  scales  and  see  that  the  coal  is  properly 
w^eighed,  and  that  a  correct  account  of  the  same  is  kept,  and  for  this 
purpose  he  shall  have  access  at  all  times  to  the  beam  box  of  said  scales, 
and  be  afforded  every  facility  for  verifying  the  weights  while  the  weigh- 
ing is  being  done.  The  check  weighman  so  employed  by  the  miners, 
before  entering  upon  his  duties,  shall  make  and  subscribe  to  an  oath 
before  some  person  duly  authorized  to  administer  oaths,  that  he  will 
faithfully  discharge  his  duties  as  check  weighman,  and  such  oath  shall 
be  kept  conspicuously  posted  at  the  place  of  weighing. 

§  28.  Boys  axd  women.  Xo  boy  under  the  age  of  sixteen  years,  and 
no  woman  or  girl  of  any  age,  shall  be  permitted  to  do  any  manual  labor 
in  or  about  any  mine,  and  before  any  boy  can  be  permitted  to  work  in 
any  mine  he  must  produce  to  the  mine  manager  or  operator  thereof  an 
affidavit  from  his  parent  or  guardian  or  next  of  kin,  sworn  and  subscribed 
to  before  a  justice  of  the  peace  or  notary  public,  that  he,  the  said  boy, 
is  sixteen  years  of  age. 

The  parent,  guardian  or  next  of  kin  shall  submit  in  connection  with 
said  affidavit,  a  certificate  of  birth,  a  baptismal  certificate,  a  passport  or 
other  official  or  religious  record  of  the  boy's  age  or  duly  attested  tran- 
script thereof,  which  certificate  or  transcript  thereof  shall,  for  the  pur- 
poses of  this  x\ct,  establish  the  age  of  said  boy. 

Any  person  swearing  falsely  in  regard  to  the  age  of  a  boy  shall  .be 
guilty  of  perjury,  and  shall  be  punished  as  provided  in  the  general 
statutes  of  the  State  pertaining  to  perjury. 

sj  29.  Penalties,  (a)  Any  walltul  neglect,  refusal  or  failure  to 
do  the  things  required  to  be  done  by  any  section,  clause  or  provision  of 
this  Act,  on  the  part  of  the  person  or  persons  herein  required  to  do  them, 
or  any  violation  of  any  of  the  provisions  or  requirements  hereof,  or  any 
attempt  to  obstruct  or  interfere  with  any  inspector  in  the  discharge  of 
the  duties  herein  imposed  upon  him,  or  any  refusal  to  comply  with  the 
instructions  of  an  inspector  g'iven  by  authority  of  this  Act  shall  be 
deemed  a  misdemeanor  punishable  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  a  period  not  exceeding 
six  months,  or  both,  at  the  discretion  of  the  court:  Provided,  that  in 
addition  to  the  above  penalties,  in  case  of  the  failure  of  any  operator  to 
comply  with  the  provisions  of  this  Act  in  relation  to  the  sinking  of 
escapement  shafts  and  the  ventilation  of  mines,  the  State's  attorney  for 
the  county  in  which  such  failure  occurs,  or  any  other  attorney,  in  case 
of  his  neglect  to  act  promptly,  shall  proceed  against  such  operator  by 
injunction  without  bond,  to  restrain  him  from  continuing  to  operate 
such  mine  until  all  legal  requirements  shall  have  been  fully  complied 
with. 

(h)  Any  inspector  who  shall  discover  that  any  section  of  this  Act,  or 
part  thereof,  is  being  neglected  or  violated,  shall  order  immediate  com- 
pliance therewith,  and,  in  case  of  continued  failure  to  comply,  shall 
have  power  to  stop  the  operation  of  the  mine,  or  remove  any  offending 
person  or  persons  from  the  mine  tmtil  the  law  is  complied  with. 


116  BUREAU   OF    LABOR    STATISTICS. 

(c)  For  any  injury  to  person  or  property,  occasioned  by  any  willful 
violation  of  this  Act,  or  willful  failure  to  comply  with  any  of  its  pro- 
visions, a  right  of  action  shall  accrue  to  the  party  injured,  for  any  direct 
damages  sustained  thereby;  and  in  case  of  loss  of  life  by  reason  of  such 
willful  violation  or  willful  failure  as  aforesaid,  a  right  of  action  shall 
accrue  to  the  personal  representatives  of  the  person  so  killed  for  the  ex- 
clusive benefit  of  the  widow  and  next  of  kin  of  such  person  and  to  any 
other  person  or  persons  who  were,  before  such  loss  of  life,  dependent 
for  support  on  the  person  or  persons  so  killed,  for  a  like  recovery  of 
damages  for  the  injuries  sustained  by  reason  of  such  loss  of  life  or  live& 
not  to  exceed  the  sum  of  ten  thousand  dollars:  Provided,  that  every 
such  action  for  damages  in  case  of  death  shall  be  commenced  within  one 
year  after  the  death  of  such  person:  And,  provided,  further,  that  the 
am.ount  recovered  by'  the  personal  representative  of  the  person  so  killed 
shallbe  distributed  to  the  widow  and  next  of  kin  of  such  person  in  the 
proportion  provided  by  law  in  relation  to  the  distribution  of  personal 
property  left  by  persons  dying  intestate.  Provided,  that  if  and  whenever 
there  shall  be  in  force  in  this  State,  a  statute  or  statutes  providing  for 
compensation  to  workmen  for  all  injuries  received  in  the  course  of  their 
employment,  the  provisions  thereof  shall  apply  in  lieu  of  the  right  of 
action  for  damages  provided  in  this  Act. 

§  30.  Definition  of  terms,  mine,  {a)  Where  used  in  this  Act^ 
the  words  "mine'^  and  "coal  mine"  are  intended  to  signify  any  and  all 
parts  of  the  property  of  a  mining  plant,  on  the  surface  or  underground, 
which  contribute,  directly  or  indirectly,  under  one  management,  to  the 
mining  or  handling  of  coal. 

Excavation  or  workings.  (&)  The  words  "excavation"  and  "work- 
ings" signify  any  or  all  parts  of  a  mine  excavated  or  being  excavated, 
including  shafts,  slopes,  tunnels,  entries,  rooms  and  working  place, 
whether  abandoned  or  in  use. 

Shaft,  {c)  The  term  "shaft"  means  any  vertical  opening  through 
the  strata  which  is  or  may  be  used  for  purposes  of  ventilation  or  escape- 
ment, or  for  the  hoisting  or  lowering  of  ilien  and  material  in  connection 
with  the  mining  of  coal. 

Slope,  (d)  The  term  "slope"  means  any  inclined  way  in  or  to  a 
seam  of  coal  to  be  used  for  the  same  purposes  as  a  shaft. 

Drift,  (e)  The  term  "drift"  means  any  practically  horizontal  way 
in  or  to  a  seam  of  coal  to  be  used  or  the  same  purpose  as  a  shaft. 

Operator.  (/)  The  term  "'operator"  as  applied  to  the  party  in  con- 
trol of  a  mine  in  this  Act,  signifi.es  the  person,  firm  or  body  corporate 
who  is  the  immediate  proprietor  as  owner  or  lessee  of  the  plant,  and,  as 
such,  responsible  for  the  condition  and  management  thereof. 

Mine  manager,  ig)  The  "mine  manager"  is  the  person  who  is 
charged  with  the  general  direction  of  the  underground  work. 

Mine  examiner,  {h)  The  "mine  examiner"  is  the  person  charged 
with  the  examination  of  the  underground  workings  of  the  mine  before 
the  miners  are  permitted  to  enter  it  in  the  morning. 


LABOR   LEGISLATION"   FORTY-SEVENTH   GENERAL   ASSEMBLY.  117 

§  31.  That  an  Act  entitled,  ^'An  Act  to  revise  the  laws  in  relation 
to  coal  mines  and  subjects  relating  thereto^  and  providing  for  the  health 
and  safety  of  persons  employed  therein,  approved  April  18,  1899,  and  in 
force  July  1,  1899,"  with  amendments  to  July  1,  1910;  also 

An  Act  entitled,  ^'An  Act  to  prohibit  the  use  of  certain  oils  in  coal 
mines  and  penalties  for  infraction  of  same,"  approved  April  30,  1895, 
in  force  July  1,  1895;  also 

An  Act  entitled,  "An  Act  concerning  the  use  of  powder  in  coal  mines, 
approved  and  in  force  Mav  11,  1903,  as  amended  bv  an  Act  approved 
May  21,  1907,  in  force  July  1,  1907;"  also 

An  Act  entitled,  "An  Act  to  provide  for  the  weighing  of  coal  at  the 
mines,  and  to  repeal  a  certain  Act  therein  named,"  approved  June  17, 
1887,  in  force  July  1,  1887,  be  and  each  of  said  Acts  is  hereby  repealed. 

Approved  June  6,  1911. 


Fire  Fighting  Equipment  in  Coal  Mines. 

(House   Bill  Xo.   517.     Approved  June   7,   1911.) 

An  Act  to  amend  sections  2,  J^,  5,  6  and  7  of  an  Act  entitled,  "An  Act 
to  require  fire  fighting  equipment  and  other  means  for  the  prevention 
and  controlling  of  fires  and  the  prevention  of  loss  of  life  from  fires  in 
coal  mines,"  approved  March  8,  1910,  in  force  March  8,  1910. 
Section  1.    Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:    That  sections  2,  4,  5,  6  and  7  of  an 
Act  entitled,  "An  Act  to  require  fire  fighting  equipment  and  other  m^ans 
for  the  prevention  and  controlling  of  fires  and  the  prevention  of  loss  of 
life  from  fires  in  coal  mines,"  approved  March  8,  1910,  in  force  March 
8,  1910,  be  and  the  same  are  amended  to  read  as  follows: 

§  2.  (a)  There  shall  be  provided  a  supply  of  water  for  fighting  fire 
underground  which  shall  have  a  head  from  a  standing  body  in  a  pipe, 
tank  or  pond. 

(6)  Such  water  supply  shall  be  conducted  into  the  mine  in  an  iron 
or  steel  pipe  or  pipes  not  less  than  two  inches  in  diameter,  which  shall 
have  not  less  than  two  hose  connections  at  the  bottom  of  the  hoisting 
shaft,  and  two  hose  connections  at  the  bottom  of  the  air  and  escapement 
shaft  designated  as  such  under  the  law,  and  two  hose  connections  in 
each  stable  which  is  located  less  than  five  hundred  (500)  feet  from  the 
bottom  of  either  of  said  shafts;  and  there  shall  be  iron  or  steel  pipes 
not  less  than  two  inches  in  diameter  in  the  entries  and  passageways 
leading  from  the  bottom  of  each  of  said  shafts  to  such  extent  and  in 
such  position  that  with  one  (1)  fifty  foot  length  of  hose  the  water  may 
l)e  carried  into  all  such  entries  and  passageways  within  three  hundred 
(300)  feet  from  the  bottom  of  each  of  said  shafts  and  into  the  corre- 
sponding area  in  slope  and  drift  mines,  such  area  to  be  designated  in 
this  Act  as  the  fire  protected  area: 

(c)      Provided,  that  in  mines  having  one  hundred  and  twenty-five 
(125)  feet  or  less  head  at  the  bottom  of  the  incoming  supply  pipe,  the 


118  BUREAU    OF    LABOR    STATISTICS. 

incoming  pipes  and  the  pipes  having  hose  connections  shall  be  not  less 
than  three  (3)  inches  in  diameter.     The  pipes  in  the  mine  shall  hav^  j 
hose  connections  not  more  than  fifty  (50)   feet  apart  beginning  at  the  * 
bottom  of  the  incoming  supply  pipe  or  pipes. 

(d)  There  shall  be  kept  constantly  on  hand  at  the  bottom  of  each 
shaft  where  hose  connections  are  required,  in  condition  for  immediate 
use,  not  less  than  two  (2)  fifty  (50)  foot  lengths  of  one  and  one-half 
(II/2)  inch  inside  diameter  linen  hose  or  rubber-lined  cotton  hose, 
which  shall  have  been  tested  to  a  pressure  of  two  hundred  (200)  pounds 
to  the  square  inch;  all  of  such  hose  and  the  connections  therefor  on  the 
supply  pipes  shall  have  American  Standard  iron  pipe  threads.  The 
nozzles  on  such  hose  shall  be  not  less  than  three-eighths  (%)  nor  more 
than  five-eighths  (%)   inch  in  diameter. 

(e)  Where  any  part  of  any  passageway  or  other  excavation  within 
one  hundred  and  fifty  (150)  feet  of  the  bottom  of  the  hoisting  shaft  or 
the  air  and  escapement  shaft  designated  as  such  under  the  law  and 
in  the  corresponding  area  in  slope  or  drift  mines,  is  timbered,  with 
cribbing  or  more  than  one  layer  of  lagging  not  including  caps  or 
wedges,  above  the  cross  bars,  there  shall  be  two  lines  of  automatic 
sprinklers  on  the  under  side  of  such  timbering,  attached  to  not  less  than 
one  and  one-half  (1%)  inch  pipes  connected  with  the  fire  fighting  water 
supply,  and  such  sprinklers  shall  not  be  more  than  ten  (10)  feet  apart. 

(/)  In  cribbing  or  lagging  as  last  aforesaid,  which  is  more  than 
three  (3)  feet  in  vertical  thickness,  there  shall  be  also,  as  near  the  top 
thereof  as  is  practicable,  automatic  sprinklers  connected  with  the  water 
supply  as  last  aforesaid  and  there  shall  be  one  such  sprinkler  for  each 
eight  (8)  feet  square  of  horizontal  area  of  such  cribbing  or  lagging. 

(g)  In  every  underground  stable,  located  within  one  thousand 
(1,000)  feet  of  the  hoisting  shaft  or  the  air  and  escapement  shaft 
designated  as  such  under  the  law,  there  shall  be  not  less  than  one  (1) 
automatic  water  sprinkler  for  each  area  eight  (8)  feet  square  in  said 
stable;  such  automatic  sprinklers  shall  be  connected  with  iron  or  steel 
pipes  not  less  than  one  and  one-half  (li/4)  inches  in  diameter  along 
the  roof  or  ceiling  in  the  stable,  which  shall  be  connected  with  the  fire 
fighting  water  supply. 

(h)  All  automatic  sprinklers  shall  be  of  the  fusible  plug  type  and 
shall  not  require  a  temperature  of  more  than  one  hundred  and  sixty-five 
(165)  degrees  Fahrenheit  to  release  the  water. 

(i)  In  all  underground  stables  other  than  those  heretofore  in  this 
Act  referred  to,  there  shall  be  kept  barrels  full  of  water  and  two  metal 
pails  with  each  barrel.  Such  barrels  shall  be  not  more  than  fifty  (50) 
feet  apart,  and  there  shall  be  not  less  than  two  (2)  barrels  full  of  water 
and  two  (2)  metal  pails  with  each  barrel  in  each  entry  or  passageway 
into  which  such  stable  opens  and  not  more  than  fifty  (50)  feet  from 
the  opening  of  the  stable. 

(/)  There  shall  also  be  one  (1)  not  less  than  three  (3)  gallon 
chemical  fire  extinguisher  and  two  (2)  not  less  than  six  (6)  gallon 
hand-pump  buckets  in  each  stable  and  in  each  entry  or  passageway 
into  which  such  stable  opens  not  more  than  fifty  (50)  feet  from  the 
opening  of  such  stable:     Provided,  that  in  mines  employing  ten   (10) 


LABOR   LEGISLATION   FORTY-SEVENTH   GENERAL   ASSEMBLY.  119 

men  or  less  underground,  the  chemical  fire  extinguishers  shall  not  be 
required.  Such  chemical  fire  extinguishers  and  hand-pump  buckets 
shall  be  kept  filled  and  ready  for  use: 

(k)  Provided,  however,  that  in  coal  mines  in  which  less  than  ten 
(10)  men  are  employed,  in  which  there  are  no  stables,  in  lieu  of  said 
water  supply  with  pipes  and  hose,  there  may  be  substituted  the  fol- 
lowing :  There  shall  be  kept  within  the  fire  protected  area  in  each  such 
mine,  barrels  full  of  water  not  more  than  fifty  (50)  feet  apart,  and 
with  each  barrel  there  shall  be  two  metal  buckets;  and  there  shall  also 
be  kept  within  said  area  not  less  than  six  (6)  hand-pump  buckets  of 
not  less  than  six  (6)  gallons  capacity,  and  said  buckets  shall  be  kept 
filled  and  ready  for  use. 

(?)  A  barrel  within  the  meaning  of  this  Act  shall  be  any  substan- 
tial vessel  holding  not  less  than  fifty  (50)  gallons. 

(m)  All  mines  shall  have  at  least  one,  not  less  than  three  (3)  gallon 
chemical  fire  extinguisher,  and  one  not  less  than  six  (6)  gallon  hand- 
pump  bucket,  including  those  hereinbefore  in  this  Act  required,  for 
each  fifty  (50)  employes  in  the  mine  with  a  minimum  of  six  (6)  extin- 
guishers and  six  (6)  pump  buckets,  kept  at  convenient  places  designated 
by  the  mine  manager  throughout  the  mine,  and  such  extinguishers  and 
buckets  shall  be  kept  filled  and  ready  for  use:  Provided,  that  in  mines 
employing  ten  (10)  men  or  less  underground,  the  chemical  fire  extin- 
guishers shall  not  be  required. 

§  4.  (a)  No  underground  stable,  unless  so  constructed  as  to  be 
fire-proof  throughout,  shall  be  nearer  than  six  (6)  yards  to  any  regular 
traveling  way,  and  every  underground  stable  shall  have  at  each  opening 
a  fire-proof  door  with  a  door  frame  of  concrete,  stone  or  brick  laid  in 
mortar. 

(h)  Every  such  stable,  which  contains  more  than  ten  (10)  stalls, 
shall  have  a  cement  or  brick  partition,  with  a  fire-proof  door  therein, 
for  each  ten  (10)  stalls  or  less;  or,  in  lieu  of  said  partition,  the  stable 
shall  be  lined  w^ith  cement  plaster  on  wire  lathing  or  other  fire-proof 
material,  where  inflammable  material  is  exposed. 

(c)  All  hay,  bedding  and  feed  underground,  except  that  in  the 
mangers  and  stalls,  shall  be  kept  in  a  closed  cement,  brick,  stone  or 
metal  receptacle;  and  not  more  than  forty-eight  (48)  hours'  supply  of 
hay  or  bedding  shall  be  kept  imderground,  and  not  more  than  one 
week's  supply  of  grain. 

(d)  All  hay  and  bedding  taken  into  the  mine  shall  be  baled.  Hay, 
bedding  and  feed  shall  be  taken  into  the  mine  only  in  a  closed  car  or 
box,  which  shall  be  kept  closed  until  the  materials  are  removed  to  the 
receptacles  provided  therefor. 

(e)  No  light  with  an  unprotected  flame  shall  be  taken  into  an 
underground  stable  by  any  person. 

§  5.  (a)  There  shall  be  a  system  of  party  line  telephones  which 
shall  include  one  telephone  on  the  surface  not  more  than  two  hundred 
(200)  feet  from  the  tipple,  and  one  at  the  bottom  of  the  hoisting  shaft, 
or,  in  slope  or  drift  mines  at  the  first  cross  entries  in  operation ;  and,  in 


120  BUREAU   OF   Lu\LOn   STATISTICS. 

addition  thereto,  there  shall  be  one  telephone  at  each  inside  parting. 
Telephone  lines  shall  be  constructed  in  a  workmanlike  manner  and  shall 
be  repaired  promptly  whfen  necessary. 

(h)  On  becoming  aware  of  any  serious  danger  requiring  the  inside 
employes  to  come  out  of  the  mine,  it  shall  be  the  duty  of  the  person 
having  charge  of  the  outside  or  inside  telephone  immediately  to  give 
notice  of  the  danger  to  the  other  telephone  stations;  and  it  shall  be 
the  duty  of  all  persons  who  receive  information  thereof  to  cooperate 
in  giving  notice  thereof  to  all  other  persons  in  the  mine.  It  shall  be 
the  special  duty  of  all  drivers,  motormen  and  trip  riders  to  notify 
all  other  drivers,  motormen,  trip  riders  or  miners  from  whom  they  haul 
coal,  of  any  danger  requiring  them  to  leave  the  mine. 

(c)  Certain  employes  whose  regular  work  is  in  or  near  the  fire 
protected  areas  shall  have  graded  authority  and  designated  duties  in 
case  of  fire;  and  rules  and  instructions  therefor  shall  be  included  in 
the  regular  rules  of  the  mine,  and  .such  employes  shall  be  instructed 
therein  by  the  mine  manager. 

(d)  There  shall  be  a  fire  drill  of  such  employes  not  less  often  than 
once  in  two  weeks,  and  the  pipes,  connections  and  hose  shall  be  tested 
at  such  drills. 

§  6.  The  following  requirements  also  shall  apply  to  all  coal  mines 
developed  within  the  State  of  Illinois  after  the  passage  of  this  Act: 
Provided,  that  paragraj)hs  (a)  and  (b)  shall  not  apply  to  mines  where 
ten   (10)  men  or  less  are  employed. 

(a)  The  hoisting  shaft  and  the  air  and  escapement  shaft  designated 
as  such  under  the  law  in  shaft  mines  and  the  air  and  escapement  shaft 
nearest  the  main  opening  in  slope  or  drift  mines,  shall  be  of  fire-proof 
construction,  except  that  cage  guides  may  be  wood:  Provided,  that 
this  section  shall  not  apply  to  shafts  in  actual  course  of  construction  at 
the  time  this  Act  takes  effect. 

(h)  The  roof  and  walls  of  the  passageways  leading  from  the  bottom 
of  the  hoisting  shaft  and  the  air  and  escapement  shaft  designated  as 
such  under  the  law,  within  a  distance  of  three  hundred  (300)  feet 
from  the  bottom  of  either  of  said  shafts,  shall  be  of  fire-proof  construc- 
tion, except  that  the  coal  rib  or  pillar  may  be  used  as  a  wall  in  such 
passageways. 

(c)  All  underground  stables  and  the  openings  therein  shall  be  of 
fire-proof  construction. 

(d)  At  mines  constructed  in  conformity  with  the  requirements  of 
this  section  of  this  Act,  the  fire  fighting  equipment  described  in  section 
2,  and  the  fire  drill  described  in  section  5  of  this  Act  shall  not  be 
required,  except  that  there  shall  be  kept  at  convenient  places  designated 
by  the  mine  manager,  throughout  each  mine,  one  not  less  than  three 
(3)  gallon  chemical  fire  extinguisher  and  one  not  less  than  six  (6) 
gallon  hand-pump  bucket,  for  each  fifty  (50)  employes  in  the  mine 
with  a  minimum  of  six  (6)  extinguishers  and  six  (6)  pump  buckets, 
and  such  extinguishers  and  buckets  shall  be  kept  filled  and  ready  for 
use:  Provided,  that  in  mines  employing  ten  (10)  men  or  less  under- 
ground, the  chemical  fire  extinguishers  shall  not  be  required. 


LABOR   LEGISLATION   FORTY-SEVENTH   GENERAL   ASSEMBLY.  121 

§  T.  {a)  Any  willful  neglect,  refusal  or  failure  to  oljey  the  require- 
jiRiits  or  provisions  of  this  Act,  or  willfully  giving  a  false  danger  signal 
or  tampering  with  any  of  the  appliances  required  by  the  provisions  of 
this  Act,  shall  be  deemed  a  misdemeanor,  punishable  by  a  fine  of  not 
lr>s  than  fifty  dollars  ($50.00)  and  not  to  exceed  two'hundred  dollars 
>^'iOO.OO),  or  by  imprisonment  in  the  county  jail  for  a  period  not 
ceding  three  (3)  months,  or  both,  in  the  discretion  of  the  court. 
{b)  Upon  final  conviction  of  any  mine  manager  or  any  miner,  under 
the  provisions  of  this  Act,  his  certificate  of  competency  shall  be  thereby 
invalidated;  and  it  shall  be  the  duty  of  the  State  Mining  Board  in  the 
case  of  a  mine  manager  or  the  miners'  examining  board  which  shall 
Iiave  issued  such  certificate  in  the  case  of  a  miner,  to  cancel  and  revoke 
the  certificate  of  competency  of  the  person  so  convicted;  and  such 
person  shall  not  be  entitled  to  receive  another  certificate  of  competency 
within  three  (3)  months  from  the  date  of  such  cancellation  and 
revocation. 

(c)  If  any  State  mine  inspector,  or  any  county  mine  inspector 
sliall  find  that  any  provision  of  this  Act  is  being,  violated,  it  shall  be 
his  duty  to  file  a  sworn  complaint  before  any  court  of  competent 
jurisdiction,  stating  the  facts  within  his  knowledge  in  such  case  and 
asking  that  the  person  charged  with  such  violation  be  bound  over  to 
the  next  grand  jury-  for  said  county;  and  it  shall  be  the  duty  of  the 
State's  attorney  for  the  county  in  which  such  violation  occurs  to  prose- 
cute such  complaint  as  provided  by  law  in  other  Staie  cases. 

Each  county  mine  inspector  shall  report  at  least  once  a  month  to  the 
State  mine  inspector  for  the  district  in  which  said  county  mine  inspector 
is  working,  stating  the  mines  he  has  examined,  the  violations  of  this 
Act  which  he  has  discovered  and  the  complaints  he  has  filed  under  the 
provisions  of  this  Act. 

(d)  If  the  county  mine  inspector  shall  fail  to  file  a  complaint,  as 
herein  required,  of  a  violation  of  this  Act  which  he  shall  have  reported 
to  the  State  mine  inspector,  and  in  all  other  cases  of  violation  of  this 
Act  which  shall  have  come  to  the  knowledge  of  a  State  mine  inspector 
in  the  discharge  of  his  duties  it  shall  be  the  duty  of  such  State  mine 
inspector  to  file  a  sworn  complaint  before  any  court  of  competent 
jurisdiction,  stating  the  facts  reported  to  him  by  the  county  mine 
inspector,  or  coming  to  his  knowledge  in  the  discharge  of  his  duties, 
and  asking  that  the  person  charged  with  such  violation  be  bound  over 
to  the  next  grand  jury  for  said  county;  and  it  shall  be  the  duty  of  the 
State's  attorney  for  the  county  in  which  such  violation  occurs  to  prose- 
cute such  complaint  as  provided  by  law  in  other  State  cases. 

(e)  If  any  State  mine  inspector  or  any  county  mine  inspector  shall 
willfully  fail,  neglect  or  refuse  to  file  a  complaint  as  herein  required,  or 
shall  willfully  disregard  the  duties  required  of  him  by  the  provisions 
of  this  Act,  a  sworn  complaint  may  be  filed  by  any  person  having 
knowledge  of  the  facts,  before  any  court  of  competent  jurisdiction, 
charging  said  county  mine  inspector  or  said  State  mine  inspector,  as 
the   case   mav   be,   with   nonfeasance   in   office   and   asking   that   such 


122  BUREAU  OF  LABOR  STATISTICS. 

inspector  be  beund  over  to  the  next  grand  jury  for  said  county,  and 
the  State's  attorney  for  the  county  in  which  such  violation  occurs  shall 
prosecute  such  complaint  as  provided  by  law  in  other  State  cases. 

Upon  final  conviction  for  nonfeasance  in  office  under  the  provisions 
of  this  Act,  of  any  State  mine  inspector  or  any  county  mine  inspector, 
his  certificate  of  qualification  or  of  competency,  as  the  case  may  be, 
shall  be  thereby  invalidated  and  he  shall  become  disqualified  from 
holding  such  office,  and  such  person  shall  not  be  entitled  to  receive 
another  certificate  of  qualification  or  of  competency,  as  the  case  may 
be,  within  three  (3)  months  from  the  date  of  such  final  conviction. 

§  8.  Whereas,  An  emergency  exists,  therefore,  this  Act  shall  be  in 
force  and  effect  from  and  after  its  passage. 

Approved  June  7,  1911. 


Eegulating  Character  of  Powder  to  Be  Used  in   Coal  Mines. 
(House  Bill  No.  548.     Approved  June  7,  1911.) 

An  Act  to  promote  the  safety  of  persons  and  property  in  coal  mines 

hy  regulating  the  clia/racter  of  black  blasting  powder  sold  to  he  used 

in  coal  mines. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  black  powder  for  use  for  blasting 
in  coal  mines  shall  conform  to  the  following  specifications: 

{a)  It  shall  have  a  specific  gravity  of  not  less  than  1.74  nor  more 
than  1.90. 

(&)  It  shall  have  a  moisture  content  of  not  to  exceed  1  per  cent  at 
the  time  when  shipped  by  the  manufacturer  or  his  agent. 

(c)  Said  powder  shall  be  sold  for  use  in  coal  mines  only  in  seven 
sizes  of  granulation,  to  be  determined  as  follows : 

CCC  shall  be  powder  which  shall  pass  through  a  screen  having  round 
hole  perforations  of  40-64  of  an  inch  in  diameter  and  remain  on  a  screen 
having  round  hole  perforations  of  32-64  of  an  inch  in  diameter. 

CC  shall  be  powder  which  shall  pass  through  a  screen  having  round 
hole  perforations  of  36-64  of  an  inch  in  diameter  and  remain  on  a 
screen  having  round  hole  perforations  of  24-64  of  an  inch  in  diameter. 

C  shall  be  powder  which  shall  pass  through  a  screen  having  round 
hole  perforations  of  27-64  of  an  inch  in  diameter  and  remain  on  a 
screen  having  round  hole  perforations  of  18-64  of  an  inch  in  diameter. 

F  shall  be  powder  which  shall  pass  through  a  screen  having  round 
hole  perforations  of  20-64  of  an  inch  in  diameter  and  remain  on  a 
screen  having  round  hole  perforations  of  12-64  of  an  inch  in  diameter. 

FF  shall  be  powder  which  shall  pass  through  a  screen  having  round 
hole  perforations  of  14-64  of  an  inch  in  diameter  and  remain  on  a  screen 
having  round  hole  perforations  of  7-64  of  an  inch  in  diameter. 

FFF  shall  be  powder  which  shall  pass  through  a  screen  having  round 
hole  perforations  of  9-64  of  an  inch  in  diameter  and  remain  on  a  screen 
having  round  hole  perforations  of  3-64  of  an  inch  in  diameter. 


LABOR   LEGISLATIOX   FORTY-SEVENTH   GENERAL  ASSEMBLY.  123 

FFFF  shall  be  powder  which  shall  pass  through  a  screen  having  round 
hole  perforations  of  5-64  of  an  inch  in  diameter  and  remain  on  a  screen 
having  round  hole  perforations  of  2-64  of  an  inch  in  diameter. 

In  testing  powder  for  size  of  granulation  as  herein  required,  it  shall  be 
permissible  for  a  given  size  to  contain  not  to  exceed  7i/2  P^r  cent  by 
weight  of  grains  of  the  size  next  larger  and  7I/2  by  weight  of  grains  of 
the  size  next  smaller. 

§  2.  All  black  powder  sold  for  use  in  coal  mines  in  this  State  shall 
have  plainly  stamped  on  the  keg  or  package  in  which  it  is  contained  the 
letter  showing  the  size  of  granulation  according  to  the  requirements 
of  this  Act. 

§  3.  Any  person,  firm  o'r  corporation  who  shall  sell  for  use  in  coal 
mines  in  this  State  any  black  powder  not  stamped  as  herein  required, 
or  who  shall  knowingly  sell  for  use  in  coal  mines  in  this  State  any 
powder  which  is  untruthfully  branded  or  stamped,  and  any  person,  firm 
or  corporation  being  a  manufacturer  of  black  powder,  or  the  agent  of 
any  such  manufacturer  of  black  powder  who  shall  sell  for  use  in  any 
coal  mine  in  this  State,  any  powder  which  shall  not  conform  to  the 
requirements  of  this  Act  in  respect  to  the  specific  gravity  and  moisture 
content  shall  be  guilty  of  a  misdemeanor,  and  shall  be  punishable  by  a 
fine  of  not  exceeding  $100.00  or  by  imprisonment  in  the  county  jail 
for  not  exceeding  ninety  (90)  days,  or  both,  in  the  discretion  of  the 
court. 

§  4.  (a)  State  mine  inspectors  and  deputy  mine  inspectors  shall 
have  authority  to  sample  black  blasting  powder  u'sed  for  blasting  pur- 
poses in  coal  mines  in  this  State,  or  kept  on  hand  for  sale  or  intended 
for  shipment  for  use  in  such  mines,  and  for  such  purpose  they  may 
enter  upon  the  premises  of  any  person. 

(&)  An  inspector  when  sampling  black  blasting  powder  shall  secure 
as  accurate  an  average  sample  as  is  practicable,  and  shall  test  the  granu- 
lation of  such  sample  with  the  screens  provided  for  in  this  Act. 

(c)  If  the  inspector  shall  desire  to  have  said  sample  tested  for 
specific  gravity  or  moisture  content,  he  shall  send  the  same  to  the  State 
Mining  Board  for  that  purpose,  and  when  such  samples  are  intended  to 
be  tested  for  moisture  content,  they  must  be  taken  at  the  mill  or  ware- 
house of  the  manufacturer  or  manufacturer's  agent,  or  in  the  railroad 
car  for  shipment  at  said  mill  or  the  warehouse;  and  said  samples  when, 
so  taken  shall  be  immediately  sealed  moisture-proof  before  being  sent  to 
the  State  Mining  Board. 

When  such  samples  are  received  by  the  State  Mining  Board  they  shall 
cause  the  same  to  be  properly  and  accurately  tested  for  specific  gravity 
and  for  moisture  content. 

(d)  If  samples  of  powder  when  sampled  and  tested  as  provided  in 
this  Act  shall  be  found  not  to  comply  with  the  provisions  herein,  the 
person,  firm  or  corporation  guilty  of  violating  the  provisions  of  this 
Act  shall  be  prosecuted  in  accordani^e  with  the  provisions  hereof. 

Approved  June  7,  1911. 


124  BUKEulU   OF   LABOR   STATISTICS. 

Oil  and  Gas  Wells  in  Vicinity  of  Coal  Mines. 
(House  Bill  No.  546.     Approved  June  7,  1911.) 

An  Act  to  amend  an  Act  entitled,  ''An  Act  in  relation  to  sinking, 

filling   and  operating   of  oil  or  gas  wells,"   approved  and  in   force 

May  16,  1905. 

Section  1.  Be  it  enacted  ly  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  an  Act  entitled,  "An  Act  in 
relation  to  sinking,  filling  and  operating  of  oil  or  gas  wells,"  approved 
and  in  force  May  16,  1905,  be  and  the  same  is  hereby  amended  to  read 
as  follows: 

§  1.  Xo  oil  or  gas  well  shall  be  drilled  hereafter  nearer  than  250 
feet  to  any  opening  to  a  mine  used  as  a  means  of  ingress  or  egress  for 
the  persons  employed  therein  or  which  is  used  as  an  air  shaft. 

§  2.  It  shall  be  the  duty  of  any  person,  firm  or  corporation  having 
the  custody  or  control  of  any  well  drilled  for  gas  or  oil,  and  of  the 
owner  of  the  land  in  which  such  well  is  drilled,  when  the  drill  hole 
penetrates  a  coal  seam,  to  file  in  the  office  of  the  recorder  of  the  county 
in  which  said  oil  or  gas  well  is  drilled,  and  in  the  office  of  the  State 
Mining  Board,  within  fifteen  days  after  completing  said  well,  a  state- 
ment and  map  giving  the  location  and  depth  of  every  well  so  drilled 
and  the  county  recorder  shall  file  and  enter  and  index  same  in  the 
records  of  his  office  relating  to  the  titles  to  real  property. 

§  3.  Before  the  casing  shall  be  drawn  from  any  well  for  the  purpose 
of  abandonment  thereof,  which  has  been  drilled  into  any  gas  or  oil 
bearing  rock,  it  shall  be  the  duty  of  any  person,  firm  or  corporation 
having  the  custody  or  control  of  such  well  at  the  time  of  such  abandon- 
ment, and  also  the  owner  or  owners  of  the  land  wherein  such  well  is 
situated,  to  properly  and  securely  stop  and  plug  the  same  in  the  following 
manner :  Such  hole  first  be  solidly  filled  from  the  bottom  thereof  to  a 
point  at  least  twenty  feet  above  such  gas  or  oil  bearing  rock  with  sand, 
gravel  or  pulverized  rock,  immediately  on  the  top  of  which  filing  shall 
be  seated  a  dry  wood  plug  not  less  than  two  feet  in  length,  having  a 
diameter  of  not  less  than  one-fourth  of  an  inch  less  than  the  inside 
diameter  of  the  casing  in  such  well.  And  above  such  wooden  plug  such 
well  shall  be  solidly  filled  for  at  least  twenty-five  feet  with  the  above- 
mentioned  filling  material,  immediately  above  which  shall  be  seated 
another  wood  plug  of  the  same  kind  and  size  as  above  provided,  and 
such  well  shall  again  be  solidly  filled  for  at  least  twenty-five  feet  above 
such  plug  with  such  filling  material.  After  the  casing  has  been  drawn 
from  such  well  there  shall  immediately  be  seated  at  the  point  where 
such  casing  was  seated  a  cast  iron  ball  or  tampered  wood  plug  at  least 
two  feet  in  length,  the  diameter  of  which  ball  or  the  top  of  which  wood 
plug  shall  be  greater  than  that  of  the  hole  below  the  point  w^here  such 
casing  was  seated,  and  above  such  ball  or  plug  such  well  shall  be  solidly 
filled  to  top  of  well  with  the  aforesaid  material. 

§  4.  The  person,  firm  or  corporation  owning  or  having  control  or 
custody  of  any  such  well,  or  the  land  in  which  any  such  well  is  situated, 
shall  file  or  cause  to  be  filed  in  the  office  of  the  recorder  of  the  county 


LABOR    LEGISLATION    FORTY-SEVENTH    GENERAL   ASSEMBLY.  V2o 

in  which  any  such  well  is  located,  within  fifteen  days  after  the  same 
has  been  plugged,  as  provided  in  section  3,  the  affidavit  of  at  least  two 
persons  who  were  present  during  the  plugging  of  such  well,  which 
affidavit  shall  be  recorded  in  the  record  books  in  the  office  of  the  recorder 
of  such  county,  and  shall  set  out  in  detail  the  manner  in  which  such 
well  was  plugged  and  the  depth  of  each  such  wood  plugs  and  iron  ball 
below  the  surface  of  the  ground,  and  the  record  of  such  affidavit  shall 
be  prima  /acte  evidence  in  any  court  of  a  compliance  with  the  provisions 
of  this  Act. 

§  5.  It  shall  be  the  duty  of  any  person,  firm  or  corporation  sinking 
a  well  in  any  oil  or  gas  bearing  rock,  or  having  sunk  sucli  well  and 
maintaining  the  same,  .to  case  off  and  keep  cased  off  all  fresh  water  from 
such  well. 

§  6.  Any  person,  firm  or  corporation  violating  the  provisions  of 
section  1,  or  failing  to  comply  with  the  provisions  of  section  2  of  this 
Act,  or  who  shall  fail  or  refuse  to  plug  a  well  in  the  time  and  manner 
provided  in  section  3  of  this  Act,  or  shall  fail  or  neglect  to  secure  and 
file  in  the  proper  recorder's  office  the  affidavit  provided  for  and  required 
in  section  4  of  this  Act,  or  shall  fail  and  neglect  to  properly  case  off 
fresh  water  from  such  well  and  keep  the  same  cased  off  while  said  well 
is  maintained,  as  provided  in  section  5  of  this  Act,  shall  be 'liable  to  a 
penalty  of  one  hundred  dollars  ($100.00)  for  each  and  every  violation 
thereof,  and  the  further  sum  of  one  hundred  dollars  ($100.00)  for  each 
ten  days  during  which  such  violation  shall  continue,  and  all  such  pen- 
alties shall  be  recoverable  in  a  civil  action  brought  in  any  court  of 
competent  jurisdiction  in  any  county  in  which  said  violation  occurred, 
brought  in  the  name  of  the  State  of  Illinois  on  the  relation  of  such 
county,  and  for  the  use  and  benefit  of  such  county,  and  in  all  such 
cases,  if  there  be  recovery  by  the  State,  it  shall  recover  in  addition  to 
such  penalties  a  reasonable  attorney^s  fee. 

§  7.  Whereas,  An  emergency  exists  for  the  immediate  taking  effect 
of  this  Act,  therefore,  the  same  shall  be  in  force  and  effect  from  and 
after  its  passage. 

Approved  June  7,  1911. 


Mining  Investigating  Commission. 

(Senate  Bill  ^o.  486.     Approved  May  27,  1911.)    . 

An  Act  to  establish  the  Mining  Investigating  Commission  of  the  State 
of  Illinois,  and  prescrihing  its  powers  and  duties  and  malting  an 
appropriation  therefor. 

Section  1.  Beit  enacted  hy  the  People  of  the  State  of  Illinois,  repre- 
sented ill  the  General  Assembly:  That  a  commission  be  established  to 
be  known  as  the  Mining  Investigation  Commission  of  the  State  of 
Illinois,  consisting  of  three  coal  mine  owners  and  three  coal  miners 
appointed  by  the  Grovemor,  together  with  three  qualified  men,  no  one 
of  whom  shall  be  identified  or  affiliated  with  the  interests  of  either  of 


126  BUREAU  OF  LABOR  STATISTICS. 

the  mine  owners  or  coal  miners  or  dependent  npon  the  patronage  or 
good  will  of  either,  nor  in  political  life,  who  shall  be  appointed  by  the 
Grovemor. 

Each  member  of  the  said  commission  shall  have  equal  authority, 
power  and  voting  strength  in  considering  and  acting  upon  any  matters 
which  may  be  brought  to  the  attention  of  the  commission  and  on  which 
the  commission  may  act  and  the  said  commission  shall  have  power 
and  authority  to  investigate  the  methods  and  conditions  of  mining  coal 
in  the  State  of  Illinois  with  special  reference  to  the  safety  of  human 
lives  and  property  and  the  conservation  of  the  coal  deposits. 

§  2.  In  making  an  investigation  as  contemplated  in  this  Act,  said 
commissioners  shall  have  the  power  to  issue  subpoenas  for  the  attend- 
ance of  witnesses,  which  shall  be  under  the  seal  of  the  commission  and 
signed  by  the  chairman  or  secretary  of  said  commission. 

In  case  any  person  shall  willfully  fail  or  refuse  to  obey  such  subpoena, 
it  shall  be  tlie  duty  of  the  circuit  court  of  any  county,  upon  application 
of  the  said  commissioners,  to  issue  an  attachment  for  such  witness,  and 
compel  such  witness  to  attend  before  the  commissioners,  and  give  his 
testimony  upon  such  matters  as  shall  be  lawfully  required  by  such  com- 
missioners; and  the  said  court  shall  have  the  power  to  punish  for  con- 
tempt, as  in  other  cases  of  refusal  to  obey  the  process  and  order  of  such 
court. 

The  fees  of  witnesses  shall  be  the  same  as  in  the  courts  of  record  and 
shall  be  paid  out  of  the  appropriation  hereinafter  made.  And  upon 
order  duly  entered  of  record  by  the  said  commission  any  one  or  more 
members  of  the  said  commission  shall  be  empowered  to  take  testimony 
touching  the  matters  within  the  jurisdiction  of  the  said  commission 
and  report  the  same  to  the  said  commission.  Said  commission  shall 
have  power  and  are  authorized  to  adopt  a  seal  and  to  make  such  rules 
not  inconsistent  with  or  contrary  to  law  for  the  government  of  pro- 
ceedings before  it,  as  it  may  deem  proper  and  shall  have  the  same  power 
to  enforce  such  rules  and  to  preserve  order  and  a  quorum  in  its  presence 
as  is  vested  by  the  common  law  or  statute  of  this  State  in  any  court  of 
general  jurisdiction. 

§  3.  Said  commission  shall  meet  at  the  State  Capitol  building  in 
Springfield  on  the  second  Tuesday  after  notice  of  their  appointment 
and  shall  immediately  elect  a  chairman  and  secretary  from  among  their 
number,  one  of  whom  shall  be  a  coal  mine  owner  and  the  other  a  coal 
miner.  Said  commission  shall  cause  a  record  to  be  kept  of  all  its 
proceedings.  Five  members  of  the  said  commission  shall  constitute  a 
quorum  for  the  transaction  of  business,  but  a  less  number  than  a 
quorum  may  adjourn  the  meetings  of  the  commission  from  time  to 
time.  Meetingsi  of  the  said  commission  other  than  called  meetings,  as 
provided  for  herein,  may  be  held  at  such  times  and  places  within  the 
State  of  Illinois,  as  may  be  fixed  by  the  said  commission.  A  meeting 
of  the  said  commission  shall  be  held  upon  the  written  request  of  any 
three  members  of  the  said  commission  signed  by  them  and  delivered 
to  the  secretary,  who  shall,  upon  receipt  of  such  request,  notify  each 
member  of  said  commission  by  mail  of  such  meeting  so  to  be  held,  and 
the  time  and  place  thereof.     And  no  such  meeting  shall  be  held  less 


LABOR   LEGISLATTON-   FORTY-SEVENTH   GENERAL  ASSEMBLY.  127 

tlian  five  days  after  the  mailing  of  notice  of  the  said  meeting  to  the 
members  of  said  commission  by  the  secretary.  Such  called  meeting 
'  ^11  be  held  either  in  Springfield  or  Chicago. 

c  4.  Said  commission  shall  report  to  the  Governor  and  to  the  Gen- 
'  ;  a  1  Assembly  at  its  next  regular  session,  submitting,  so  far  as  they 
\rd\e  unanimously  agreed,  a  proposed  provision  of  coal  mining  laws  of 
the  State,  together  with  such  other  recommendations  as  to  the  com- 
mission shall  seem  fit  and  proper,  relating  to  coal  mining  in  the  State 
of  Illinois.  And  where  there  is  not  unanimous  agreement  upon  any 
recommendations  there  shall  be  submitted  in  like  manner  separate 
reports  embodying  the  recommendations  of  any  one  or  more  members 
of  the  said  commission,  which  said  reports  shall  each  set  forth  in 
detail  the  recommendation  of  the  commissioner  or  commissioners  sign- 
ing said  report  and  shall  embody  his  or  their  respective  reasons  for 
such  recommendation  and  his  or  their  objection  to  the  report  of  other 
members  of  the  commission.  Upon  the  filing  of  the  above  mentioned 
reports,  said  reports  to  be  made  in  the  convening  of  the  next  General 
Assembly  of  recommendations  and  objections,  the  duties  and  functions 
of  said  commission  shall  cease  and  the  terms  of  office  of  the  respective 
commissioners  shall  terminate. 

^  5.  The  members  of  said  commission  who  are^  coal  mine  owners 
and  coal  miners,  as  aforesaid,  shall  receive  no  compensation  for  their 
services.  The  remaining  three  members  of  the  commission  shall  re- 
ceive as  compensation  for  their  services  the  sum  of  $10  per  day  for 
each  [day]  actually  employed  by  them  as  such  commissioners.  All 
members  of  the  said  commission  shall  be  reimbursed  for  their  actual 
expenses  incurred  in  and  about  the  actual  work  of  said  commission. 

Said  commission  may  appoint  a  stenographer  or  clerk  and  such  other 
employes  as  are  necessary  and  shall  fix  their  compensation  and  may 
incur  such  other  expenses  as  are  properly  incidental  to  the  work  of  the 
commission. 

§  6.  The  sum  of  ten  thousand  dollars  ($10,000.00),  or  as  much 
thereof  as  may  be  necessar)^,  is  hereby  appropriated  for  the  postage, 
stationen*.  clerical  and  expert  services,  and  incidental  traveling  ex- 
penses of  the  com^mission,  and  the  per  diem  of  members  as  herein  au- 
thorized, and  the  Auditor  of  Public  Accounts  is  hereby  authorized  to 
draw  his  warrant  for  the  foregoing  amount,  or  any  part  thereof,  in 
jjavment  of  any  expenses,  charges  or  disbursements  authorized  by  this 
Act,  on  order  of  this  commission,  signed  by  its  chairman,  attested  by 
its  secretary,  and  approved  by  the  Governor. 

The  State  Board  of  Contracts  is  hereby  authorized  and  directed  to 
provide  all  necessary  printing  for  the  mining  investigation  commission, 
and  testimony  taken  by  it  shall  be  reported  in  full  and  may  be  published 
from  time  to  time  by  the  commission. 

Approved  May  27,  1911. 


128  BUREAU   OF   LABOR   STATISTICS. 


Illinois  Miners^  and  Mechanics^  Institutes. 

(Senate  Bill  No.  259.     Approved  May  25,  1911.)    •  | 

An  Act  to  prevent  accidents  in  mines  and  other  industrial  plants  and 

to  conserve  the  resources  of  the  State  hy  the  establishment  of  Illinois. 

Miners^  and  Mechanics'  Institutes  and  for  the   administration  and 

support  of  the  same. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  in  order  to  prevent  accidents 
in  mines  and  other  industrial  plants  and  to  conserve  the  resources  of 
the  State,  by  the  education  and  training  of  all  classes  of  workers  in  and 
about  the  mines  and  other  industrial  plants  of  the  State,  there  shall 
be  established  and  maintained  a  form  of  educational  betterment  work, 
which  shall  be  known  as  the  Illinois  Miners^  and  Mechanics^  Institutes. 

§  2.  That  it  shall  be  the  purpose  of  such  Illinois  Miners'  and  Me- 
chanics' Institutes  to  promote  the  technical  efficiency  of  all  persons 
working  in  and  about  the  mines  and  other  industrial  plants  of  the 
State  and  to  assist  them  to  better  overcome  the  increasing  difficulties 
of  mining  and  other  industrial  employments.  In  the  development  of 
this  purpose,  any  and  all  means  may  be  employed  which  promise  to 
give  desired  results  such  as  bulletins,  traveling  libraries,  lectures,  cor- 
respondence work,  classes  for  systematic  instruction,  or  meetings  for 
the  reading  and  discussion  of  papers. 

§  3.  That  the  administration  of  the  Illinois  Miners'  and  Mechanics' 
Institutes,  as  provided  in  section  one  hereof,  shall  vest  in  the  trustees 
of  the  University  of  Illinois ;  that  all  money  appropriated  by  the  State 
for  the  purpose  of  this  Act  shall  be  made  available  to  said  trustees ;  and 
that  the  said  trustees  be  and  hereby  are  authorized  and  directed  to  pro- 
ceed with  the  work  of  the  organization,  maintenance  and  administration 
through  their  regularly  authorized  agents,  aided  by  such  other  persons 
as  in  their  judgment  the  work  may  require. 

§  4.  The  State  Board  of  Contracts  is  hereby  authorized  and  directed 
to  provide  all  necessary  printing  for  the  Illinois  Miners'  and  Mechanics' 
Institutes,  including  such  bulletins  as  may  be  published  from  time  to 
time  by  the  Illinois  Miners'  and  Mechanics'  Institutes. 

Approved  May  25,  1911. 


Department  of  Factory  Inspection.  i 

(Senate  Bill  No.  264.     Approved  June  5,  1911.)  < 

An  Act  to  amend  section  2  of  an  Act  entitled,  ''An  Act  to  provide  for 
the  establishment  of  a  department  of  factory  inspection,  providing 
for  the  appointment  of  factory  inspectors  and  an  attorney  for  the  de- 
partment and  prescribing  their  duties  and  to  repeal  all  Acts  or  parts  of 
Acts  in  conflict  therewith,''  approved  June  3,  1907,  and  in  force  July 
1,  1907, 

Section  1.    Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:     That  section  2  of  an  Act  entitled. 


LABOR    LEGISLATIOX    FORTY-SEVENTH    GENERAL   ASSEMBLY.  120 

"An  Act'  to  provide  for  the  establishment  of  a  department  of  factory 
inspection,  providing  for  the  appointment  of  factory  inspectors  and 
an  attorney  for  the  department  and  prescribing  their  duties,  and  to 
repeal  all  Acts  in  conflict  therewith/'  approved  June  3,  1907,  and  in 
force  July  1,  1907,  be  amended  to  read  as  follows: 

§  2.  The  Governor  shall,  upon  the  taking  effect  of  this  Act,  appoint 
a  chief  State  factory  inspector,  whose  duty  it  shall  be  to  exercise  gen- 
eral supervision  over  the  Department  of  Factory  Inspection  and  all  of 
its  inspectors,  and  secure  the  enforcement  of  all  laws  now  in  force  or 
hereafter  enacted  relating  to  the  inspection  of  factories,  mercantile 
establishments,  mills,  workshops  and  commercial  institutions  in  this 
State,  and  to  perform  such  other  duties  as  are  now  or  may  hereafter  be 
prescribed  by  law  to  be  performed  by  the  Factory  Inspector.  The  salary 
of  such  Chief  State  Factory  Inspector  shall  be  three  thousand  dollars 
($3,000.00)   per  annum  and  his  term  of  office  shall  be  four  (4)  years. 

The  Governor  shall  appoint,  upon  the  taking  effect  of  this  Act,  an 
assistant  Chief  Factory  Inspector  at  a  salary  of  two  thousand  two  hun- 
dred and  fifty  dollars  ($2,250,00)  per  annum;  one  physician  at  a 
salary  of  fifteen  hundred  dollars  ($1,500.00)  per  annum;  and  thirty 
(30)  deputy  factory  inspectors,  who  shall  receive  a  salary  of  twelve 
hundred  dollars  ($1,200.00)  per  annum,  and  an  attorney  for  said  de- 
partment at  a  salary  of  fifteen  hundred' dollars  ($1,500.00)  per  annum. 

The  duties  of  the  assistant  Chief  Factory  Inspector,  medical,  expert 
and  deputy  inspectors,  as  herein  provided,  shall  be  the  same  as  those 
now  or  hereafter  imposed  by  law  upon  the  Chief  State  Factory  Inspector 
and  the  assistant  Chief  Factory  Inspector  and  the  deputy  factory  inspec- 
tors, and  they  shall  be  subject  to  the  supervision  and  direction  of  the 
Chief  State  Factory  Inspector  in  the  discharge  of  such  duties.  Said 
Chief  State  Factory  Inspector  and  the  other  inspectors  provided  for 
herein  shall  visit  and  inspect,  at  all  reasonable  hours,  as  often  as 
practicable,  the  factories,  mercantile  establishments,  mills,  workshops 
and  commercial  institutions  in  this  State,  where  goods,  wares  and  mer- 
chandise are  manufactured,  stored,  purchased  or  sold  at  wholesale  or 
retail. 

And  the  Chief  State  Factory  Inspector  shall  report  in  writing  to  the 
Governor  on  the  thirtieth  (36th)  day  of  June  annually,  the  result  of 
his  inspections  and  investigations,  together  with  such  other  informa- 
tion and  recommendations  as  he  may  deem  proper.  And  said  inspectors 
shall  make  a  special  investigation  into  the  conditions  of  labor  in  this 
State,  or  into  any  alleged  abuses  in  connection  therewith,  whenever  the 
Governor  shall  direct,  and  report  the  results  of  the  same  to  the  Gov- 
ernor. 

It  shall  be  the  duty  of  the  said  inspectors  to  enforce  the  provisions 
of  this  Act.  and  perform  such  other  duties  as  noAv  are  or  shall  hereafter 
be  prescribed  by  law,  and  to  prosecute  all  violations  of  law  relating 
to  the  inspection  of  factories,  mercantile  establishments,  mills,  work- 
shops and  commercial  institutions  in  this  State  before  any  magistrate 
or  in  any  court  of  competent  jurisdiction  in  this  State. 

—0  L  L 


130  BURE^VU   OP    LABOR    STATISTICS. 

And  it  shall  be  the  duty  of  the  State's  attorney  of  the  proper  county, 
upon  request  of  the  Chief  State  Factory  Inspector  or  his  deputies,  to  pros- 
ecute any  violation  of  law  which 'it  is  made  the  duty  of  the  factory  in- 
spectors to  enforce.  And  it  shall  be  the  duty  of  the  attorney  for  such  de- 
partment to  prosecute,  when  requested  by  the  Chief  State  Factory  In- 
spector, any  infractions  or  violations  of  law  which  is  now  or  may  be  here- 
after made  the  duty  of  the  Factory  Inspector  to  enforce. 

Said  Chief  State  Factory  Inspector  shall,  by  written  order  filed  with 
the  Governor,  divide  the  State  into  inspection  districts,  due  regard 
being  had  to  the  number  of  establishments  and  the  amount  of  work 
required  to  be  performed  in  each  district.  And  he  shall  assign  to  each 
district  a  deputy  inspector  who  shall  have  charge  of  the  inspection  in 
the  district  to  which  he  is  assigned,  under  the  supervision  of  the  Chief 
State  Factory  Inspector.  The  Chief  State  Factory  Inspector  may  at  any 
time,  when  in  his  discretion  the  good  of  the  service  requires,  change  a 
deputy  inspector  from  one  district  to  another,  or  re-assign  the  districts 
of  the  State  among  the  several  deputy  inspectors  under  his  charge.  He 
may  at  any  time,  when  the  conditions  are  changed,  or  in  his  discretion 
the  good  of  the  service  requires,  by  a  like  order  filed  with  the  Governor, 
re-divide  the  State  into  inspection  districts,  changing  the  territory  em- 
braced within  the  several  districts  as  to  him  may  seem  advisable 

Approved  June  5,  1911.         ' 


Mine  Fire  Rescue  Stations. 

(Senate  Bill  Xo.  420.     Approved  June  5,  1911.) 

An  Act  to  amend  sections  2,  5  and  9  of  an  Act  entitled,  ''An  Act  to 
establish  and  maintain  in  the  coal  fields  of  Illinois,  mine  fire  fighting 
and  rescue  stations,  and  to  make  an  appropriation  therefor/'  approved 
March  If,  1910,  in  force  July  1,  1910,  and  by  amending  the  title  of 
said  Act. 

Section  1.  Be  it  enacted  hy  ihe  People  of  the  State  of  Illinois,  repre- 
sen'oed  in  the  General  Assembly :  That  sections  2,  5  and  9  of  an  Act 
entitled,  "An  Act  to  establish  and  maintain  in  the  coal  fields  of  Illinois, 
mine  fire  fighting  and  rescue  stations,  and  to  make  an  appropriation 
therefor,"  approved  March  4,  1910,  in  force  July  1,  1910,  and  the  title 
thereto  be  and  the  same  are  hereby  amended  to  read  as  follows : 

§  2.  The  Governor  shall  appoint  a  commission,  consisting  of  seven 
members,  including  two  coal  mine  operators,  two  coal  miners,  one  State 
mine  inspector,  one  representative  of  the  department  of  mining  at  the 
University  of  Illinois,  and  one  representative  of  the  Federal  Bureau  of 
Mines.  Said  commission  shall,  within  ten  days  after  their  appointment, 
meet  and  organize  by  electing  one  of  their  number  chairman  and  another 
secretary  of  said  commission,  who  shall  hold  their  respective  offices  for  a 
period  of  one  year  from  the  date  of  their  election  and  until  their  suc- 
cessors are  elected  and  qualified.  Members  of  the  said  commission  shall 
receive  ten  dollars  ($10.00)  per  day  for  services  rendered,  not  to  exceed 


LABOR   LEGISLATION   FORTT-SEVEXTH   GENERAL   ASSEMBLY.  131 

twenty-five  (25)  days  during  any  one  j'ear,  and  all  members  of  said 
commission  shall  be  reimbursed  for  actual  expenses  while  engaged  in 
official  work,  approved  by  the  commission;  which  commission  shall  be 
responsible  for  the  proper  carrying  out  of  the  provisions  of  this  Act. 

§  5.  The  said  commission  shall  appoint  as  manager  of  three  stations 
and  of  their  work,  a  man  experienced  in  mining  and  mine  engineering. 
The  manager  shall,  with  the  advice  and  consent  of  the  said  commission, 
appoint  for  each  station  a  superintendent  and  an  assistant.  Each, 
appointee  shall  serve  for  a  term  of  two  years  and  until  his  successor  is 
appointed  and  qualified,  unless  sooner  discharged  by  the  said  commis- 
sion. Each  appointee  before  entering  upon  the  duties  of  his  office  shall 
take  and  subscribe  to  the  oath  of  office  as  provided  by  law.  The  manager 
shall,  with  the  advice  and  consent  of  the  commission,  have  authority  to 
pay  for  such  temporary  assistance  as  may  be  needed  in  giving  instruction 
in  first  aid  to  the  injured  and  similar  technical  subjects,  and  such  other 
temporary  assistants  and  porters  as  may  be  needed  from  time  to  time 
to  properly  carry  on  the  work  of  said  rescue  stations  and  such  rescue 
ears  as  may  be  installed  in  connection  with  said  stations,  but  not  more 
than  one  extra  assistant  and  one  porter  shall  be  employed  for  each 
rescue  car. 

§  9.  The  commission  shall  prepare  a  biennial  report  to  the  Governor 
and  the  General  Assembly  with  necessary  illustrations  showing  the  work 
performed  and  money  expended  by  the  mine  rescue  service;  and  the 
State  Board  of  Contracts  is  hereby  directed  to  print  and  bind  said 
reports  promptly,  and  to  provide  all  necessary  printing  for  the  Mine 
Rescue  Commission  out  of  the  appropriations  for  such  board  of  contracts. 

§  2.     The  title  of  said  Act  shall  l^e  amended  to  read  as  follows : 

An  Act  to  establish  and  maintain  in  the  coal  fields  of  Illinois  mine 
fire  fighting  and  rescue  stations. 

Approved  June  5,  1911. 


Private  Employment  Agencies. 

(Senate  Bill  Xo.  418.     Approved  June  7,  1911.) 

An  Act  to  amend  sections  1  and  10  of  ^'An  Act  relating  to  private  em- 
ployment agencies  and  to  repeal  parts  of  a  certain  Act  relating 
thereto/' 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  sections  1  and  10  of  an  Act 
entitled,  "An  Act  relating  to  private  employment  agencies  and  to  repeal 
parts  of  a  certain  Act  relating  thereto,"  approved  June  15th,  in  force 
July  1,  1909,  be  and  the  same  is  hereby  amended  to  read  as  follows; 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  no  person  shall  open,  keep  or 
carry  on  any  emploj^ment  agency  in  the  State  of  Illinois  unless  every 
such  person  shall  procure  a  license  therefor  from  the  State  Board  of 
Commissioners  of  Labor.  Any  person  who  shall  open  or  conduct  any 
such  agency  without  first  procuring  such  license  shall  be  guilty  of  a  mis- 


132  BUREAU    OF   LABOR   STATISTICS. 

demeanor  and  shall  be  punishable  by  a  fine  of  not  less  than  fifty  dollars 
($50.00)  and  not  exceeding  two  hundred  dollars  ($200.00),  or  on 
failure  to  pay  such  fine,  by  imprisonment  for  a  period  not  exceeding  six 
months,  or  both,  at  the  discretion  of  the  court.  Such  license  shall  be 
issued  by  the  State  Board  of  Commissioners  of  Labor,  the  fee  for  which 
in  cities  having  a  population  of  fifty  thousand  or  over  shall  be  fifty 
dollars  ($50.00)  annually,  and  a  fee  of  twenty-five  dollars  ($25.00) 
annually  in  all  cities  containing  less  than  fifty  thousand  population. 
'All  moneys  received  by  the  said  Board  of  Commissioners  of  Labor  from 
whatever  source,  shall  be  paid  into  the  State  treasury  on  or  before  the 
30th  day  of  September  and  the  31st  day  of  March  of  each  year  following 
the  adoption  of  this  Act. 

Every  license  shall  contain  the  name  of  the  person  licensed,  a  desig- 
nation of  the  city,  street  and  number  of  the  house  in  which  the  person 
licensed  is  authorized  to  carry  on  the  said  employment  agency,  and  the 
number  and  date  of  such  license.  Such  license  shall  not  be  valid  to 
protect  any  place  other  than  that  designated  in  the  license  unless  con- 
sent is  first  obtained  from  the  State  Board  of  Commissioners  of  Labor, 
or  the  chief  inspector  of  employment  agencies  and  until  the  written 
consent  of  the  surety  or  sureties  on  the  bond  required  to  be  filed  by 
section  2  of  this  Act  to  such  transfer,  be  filed  with  the  original  bond. 
'No  such  agency  shall  be  located  on  premises  where  intoxicating  liquors 
are  sold,  excepting  cafes  and  restaurants  in  office  buildings.  The  appli- 
cation for  such  license  shall  be  filed  with  the  State  Board  of  Commis- 
sioners of  Labor  not  less  than  one  week  prior  to  the  granting  of  said 
license  and  the  State  Board  of  Labor  Commissioners  shall  act  upon 
such  application  within  thirty  (30)  days  from  the  time  of  application. 
Such  application  shall  be  accompanied  by  the  affidavits  of  two  persons 
who  have  known  the  applicant  or  the  chief  officer  thereof,  if  a  corpora- 
tion, for  two  years,  stating  that  the  said  applicant  is  a  person  of  good 
moral  character.  The  license  shall  run  for  one  year  from  the  date  there- 
of and  no  longer,  unless  sooner  revoked  by  the  State  Board  of  Commis- 
sioners of  Labor.  Such  application  shall  be  posted  in  the  office  of  the 
State  Board  of  Commissioners  of  Labor  or  in  the  office  of  the  chief 
inspector  of  private  employment  agencies,  from  the  date  of  filing  there- 
of, and  until  such  application  is  acted  upon ;  and  before  any  license  shall 
be  granted,  notice  of  such  application  shall  be  published  on  three  (3) 
distinct  days  by  the  State  Board  of  Labor  Commissioners  in  some  daily 
newspaper  of  general  circulation  throughout  the  county  within  which 
the  applicant  desires  to  locate  such  agency. 

§  10.  Salaries.]  Such  chief  inspector  of  private  employment 
agencies  shall  receive  a  salary  of  three  thousand  six  hundred  dollars 
($3,600)  per  annum,  to  be  paid'  monthly  upon  vouchers  therefor  filed 
with  the  Auditor  of  Public  Accounts  and  approved  by  the  Governor. 
Such  inspector  shall  furnish  a  bond  payable  to  the  State  of  Illinois  in 
the  sum  of  five  thousand  dollars  ($5,000),  said  bond  to  be  approved 
by  the  Governor  and  filed  with  the  Secretary  of  State.  The  necessary 
traveling  and  hotel  expenses  of  the  chief  inspector  and  his  deputies, 
the  Commissioners  of  Labor  and  their  secretary  and  such  other  necessary 
office  expenses,  shall  be  allowed  upon  itemized  accounts  rendered  therefor 


L,\BOK    LEGISLATION    FORTY-SEVEXTH    GEXERAL    ASSEMBLY.  133 

and  approved  by  the  Governor.  The  chief  inspector  shall  also  be 
allowed  the  necessary  printing,  stationery  and  postage,  also  be  fur- 
nished a  suitable  room  or  rooms  and  necessary  office  furniture  and 
assistants,  such  as  a  clerk,  one  woman  investigator  of  domestic  agencies 
and  stenographer  as  the  office  requires,  accounts  therefor  to  be  rendered 
and  approved  in  the  manner  required  bv  this  Act.  The  other  inspectors 
provided  for  in  this  Act  shall  receive  a  salary  of  $1,500  per  annum,  pay- 
able monthly  upon  the  certificate  of  the  chief  inspector  of  private 
employment  agencies  that  such  services  have  been  actually  rendered 
under  his  direction. 

Approved  June  7,  1911. 


Prohibits  Certaix  Employmext  ix  Basemexts. 

(House  Bill  Xo.  410.     Approved  June  5,  1911.) 

An  Act  in  relation  to  the  use  of  basew,ents  or  rooms  lying  wholly  or 
partly  beneath  the  surface  of  the  ground  as  tu^orh  rooms. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  no  person  shall  be  employed 
to  operate  any  emery  wheels  or  emery  belts  of  any  description,  either 
leather,  leather  covered,  felt,  canvas  paper,  cotton,  or  wheels  or  belts 
rolled  or  coated  with  emery,  corundo.m  or  cotton,  or  wheels  used  as  buffs, 
in  any  basement  so-called,  or  in  any  room  lying  wholly  or  partly  be- 
neath the  surface  of  the  ground. 

§  2.  Any  person,  company,  corporation  or  manager  or  director  of 
any  such  company  or  corporation  who  shall  fail  to  comply  with  the 
provisions  of  section  one  (1)  of  this  Act  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof,  before  any  court  of  com- 
petent jurisdiction,  shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five   (25)   dollars  and  not  more  than  two  hundred  dollars    ($200.00). 

Approved  June  5.  1911. 


Safety  to  Life  axd  Property  by  Fire  axd  Explosiox. 

(House  Bill  Xo.  444.     Approved  May  31,  1911.) 

Ax  Act  to  provide  greater  safety  to  life  and  property  from  loss  by  fire 

and  explosions. 
Sectiox  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  it  shall  bo  the  duty  of  the  Fire 
^larshal  or  such  other  officer  or  officers  as  are  or  may  be  charged  with 
the  duty  of  fire  protection  in  each  town,  -s-illage  or  city  in  the  State  of 
Illinois,  to  require  the  owner,  agent  or  person  in  charge  of  each  public 
building,  factory,  store,  hotel,  theatre,  tenement  or  other  building, 
cxcejit  private  residences  in  each  of  said  town,  villages  or  cities,  in 
A\-hich  gas  is  used  for  illuminating  or  heating  or  other  purposes,  to  equip 


134  BUREAU   OF    LABOR   STATISTICS. 

said  building  or  buildings  with  an  automatic  gas  cock,  valve  or  appli- 
ance by  means  of  which,  in  case  of  fire,  accident  or  other  necessity,  the 
supply  of  gas  may  be  shut  off  from  said  building  or  buildings,  without 
requiring  firemen  or  other  persons  to  enter  within  said  building  or 
buildings  for  said  purpose. 

§  2.  That  all  such  safety  cocks,  valves,  or  appliances,  as  herein 
provided  for,  shall  be  of  such  design  and  quality  of  workmanship  as  to 
be  reasonably  certain  to  perform  the  work  required  to  be  done  thereby 
and  shall  be  approved  by,  and  installed  under  the  supervision  and  con- 
trol of  the  duly  authorjzed  officer  or  officers  charged  with  the  duty  of 
fire  protection  in  said  town,  village  or  city  in  which  said  gas  cocks, 
valves  or  devices  are  required  to  be  installed;  and  when  thus  installed 
in  any  building,  shall  continue  to  be  and  remain  under  their  supervision 
and  control:  Provided,  however^  that  in  all  cases  where  the  total 
volume  of  gas  led  into  any  building  or  buildings,  is  not  more  than  the 
average  volume  delivered  through  a  three-fourths  inch  pipe,  then  all 
such  buildings  shall  be  exempt  from  the  requirements  herein  named, 
unless  the  conditions  under  which  the  gas  is  used  are  such  as  to  endanger 
life  or  property  to  the  same  extent  as  the  larger  average  volume  carried 
by  pipes  of  the  next  larger  size,  then  in  all  such  cases,  at  the  discretion 
of  said  duly  authorized  officer  or  officers,  all  such  buildings  may  be 
required  to  be  equipped  as  provided  for  herein. 

I  3.  That  from  and  after  the  time  of  taking  effect  of  this  Act  any 
owner,  agent  or  person  in  control  of  any  building  or  buildings  within 
the  requirements  hereof,  who  shall  fail,  neglect  or  refuse  to  equip  said 
building  or  buildings  or  to  comply  with  the  requirements  set  forth 
herein,  shall  be  served  with  legal  notice  by  the  officer  or  officers  duly 
charged  with  the  fire  protection  of  same  to  comply  therewith  within 
thirty  days,  and  if  at  the  expiration  of  the  time  specified  in  said  notice, 
said  building  or  buildings  are  not  equipped  as  provided  for  herein, 
then  said  owner,  agent  or  person  in  control  shall  be  guilty  of  a  misdc; 
meanor  and  upon  conviction  thereof  shall  be  punished  by  a  fine  of 
not  less  than  ten  (10)  nor  more  than  fifty  dollars  ($50.00)  for  each 
offense.  And  upon  such  conviction  such  owner,  agent  or  person  in  con- 
trol of  any  building  or  buildings,  it  shall  be  unlawful  for  any  person, 
firm  or  corporation  or  company  to  supply  gas  to  such  building  or  build- 
ings for  a  longer  period  of  time  than  thirty  (30)  days  next  succeeding 
said  conviction,  until  such  building  or  buildings  have  been  equipped 
as  provided  herein. 

§  4.  That  when  any  such  device  is  installed  and  approved,  it  shall 
be  unlawful  for  any  unauthorized  person  to  willfully  disturb,  destroy, 
meddle  or  tamper  with  any  such  device  in  any  way,  and  upon  con- 
viction thereof,  shall  be  punished  bv  a  fine  of  not  less  than  fiftv  dollars 
($50.00)  for  each  offense. 

§  5.  This  Act  to  be  in  full  force  and  effect  on  and  after  Januarv 
1,  1912. 

Approved  May  31,  1911. 


LABOR   LEGISLATION    FORTY-SEVEXTH   GEXP:RAL   ASSEMBLY.  135 

Commission  to  Eevise  Building  Laws. 

(Senate  Bill  Xo.  332.     Approved  May  25,  1911.) 

An  Act  authorizing  the  appo-intment  of  a  commission  to  revise  and 
codify  the  huilding  laws  of  the  State  of  Illinois  and  making  an  appro- 
priation to  carry  into  effect  the  provisions  of  this  Act. 
Section  1.    Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  the  Governor  be  and  he  is  hereby 
empowered  and  directed  to  appoint  a  commission  to  be  known  as  "The 
Commission  to  Revise  and  Codify  the  Building  Laws  of  the  State  of 
Illinois/'  to  be  composed  of  seven  members  selected  as  follows:     Two 
architects,,  one  of  whom  shall  be  a  member  of  the  State  Board  of  Exami- 
ners of  Architects;  two  structural  engineers,  one  fire  protection  expert, 
one  building  contractor  and  one  member  whose  appointment  need  not  be 
limited  as  above.     The  Governor  shall  appoint  one  member  of  said  com- 
mission to  act  as  chairman  of  the  commission. 

§  2.  The  duties  of  said  commission  shall  be  to  make  such  investi- 
gation into  the  subject  of  building  laws  in  force  in  other  states  as  it 
may  deem  necessary,  and  to  consider  all  the  laws  in  force  in  the  State 
of  Illinois  bearing  on  that  subject  with  the  object  in  view  of  revising 
and  codifying  the  laws  of  this  State  which  pertain  to  the  subject  of 
buildings.  In  the  report  which  such  commission  makes,  as  hereinafter 
provided,  it  shall  recommend  to  the  General  Assembly  such  legislation 
as  will  properly  regulate  the  construction,  sanitation  and  protection 
from  fire  of  all  buildings  of  a  public  nature,  or  where  large  numbers 
of  people  shall  congregate,  such  as  hotels,  theaters,  schools,  churches 
and  other  buildings  for  public  assembly,  department  stores,  factories, 
tenement  houses,  hospitals  and  buildings  for  charitable,  penal  and  re- 
formatory institutions,  so  that  the  greatest  protection  to  health  and 
safety  to  life  and  limb  and  property  may  be  assured  to  the  People  of 
the  State  of  Illinois.  All  printing  and  printing  paper  necessary  for 
the  purposes  of  said  commission  shall  be  and  form  a  part  of  the  State 
printing  and  printing  paper  contract,  and  as  such  shall  be  under  the 
direction  and  supervision  of  the  Board  of  Commissioners  of  State 
Contracts. 

§  3.  To  carry  into  effect  the  provisions  of  this  Act  the  sum  of  five 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  for  clerical  and  stenographic  services,  for  telegraphing, 
telephoning,  postage,  expressage,  stationery  and  other  incidental  ex- 
penses of  the  commission  and  for  the  traveling  expenses  and  disburse- 
ments of  the  members  of  the  commission. 

§  4.  The  said  commission  shall  make  its  report  with  such  proposed 
legislation  accompanying  tlie  same,  to  the  Governor  of  this  State  on  or 
before  January  1,  1913. 

§  5.  The  Auditor  of  Public  Accounts  is  hereby  directed  to  draw  his 
wan*ant  for  the  moneys  hereby  appropriated  upon  the  presentation  of 
proper  vouchers  certified  to  as  correct  by  said  board  and  approved  by 
the  Governor  and  the  Treasurer  shall  pay  the  same  out  of  the  money 
hereby  appropriated. 

ArPR0\'ED  Mav  25,  1911. 


136  bureau  of  labor  statistics. 

Cities  and  Villages — Employment  on  Public  Works. 

(Senate  Bill  No.  217.     Approved  May  26,  1911.) 

An  Act  to  amend  section  fifty  (50)  of  article  IX  of  an  Act  entitled, 
'^An  Act  to  provide  for  the  incorporation  of  cities  and  villages/^  ap^ 
proved  April  10,  1S72,  in  force  July  1,  1872,  as  amended  hy  subse- 
quent Acts. 

Section  1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That  section  fifty  (50)  of  article  IX 
of  an  Act  entitled,  "An  Act  to  provide  for  the  incorporation  of  cities 
and  villages/^  approved  April  10,  1872,  in  force  July  1,  1872,  as  amended 
by  subsequent  Acts,  be,  and  the  same  is  hereby  amended  so  as  to  read 
as  follows: 

§  50.  Any  work  or  other  public  improvement,  except  any  work  or 
public  improvement  to  be  paid  for  in  wdiole  or  in  part  by  a  special 
assessment  shall,  when  the  expense  thereof  shall  exceed  $500,  either  be 
constructed  by  contract  let  to  the  lowest  responsible  bidder  in  the  man- 
ner prescribed  by  ordinance :  {Provided,  however,  any .  such  contract 
may  be  entered  into  by  the  proper  officers  without  advertising  for  bids, 
by  a  vote  of  two-thirds  of  all  the  aldermen  or  trustees  elected;)  or  such 
work  or  other  public  improvement  shall  be  constiaicted  in  the  follow- 
ing manner,  by  a  vote  of  two- thirds  of,  all  the  aldermen  or  trustees 
elected,  to-wit: 

The  commissioner  of  public  works  or  other  proper  officers  to  be  desig- 
nated by  ordinance,  shall  superintend  and  cause  to  be  carried  out  the 
construction  of  such  work  or  other  public  improvement  and  shall  employ 
for  the  performance  of  all  manual  labor  thereon,  exclusively  laborers 
and  artisans  whom  the  city  or  village  shall  pay  by  the  day  or  hour,  and 
all  material  of  the  value  of  $500  and  upward  using  in  the  construction 
of  such  work  or  other  public  improvement,  shall  be  purchased  by  con- 
tract let  to  the  lowest  responsible  bidder  in  the  manner  to  be  prescribed 
by  ordinance. 

In  every  city  which  has  adopted  an  Act  entitled,  "An  Act  to  regulate 
the  civil  service  of  cities,"  approved  and  in  force  March  20,  1895,  ever\^ 
such  laborer  and  artisan  shall  be  certified  by  the  civil  service  commission 
to  the  commissioner  of  public  works  or  other  proper  officer,  in  accordance 
with  the  requirements  of  said  Act  entitled,  "An  Act  to  regulate  the  civil 
service  of  cities. ^^ 

Approved  May  26,  1911. 


APPENDIX. 


Brief  Abstract   of  Labor   Laws   of   Illinois,   Arranged 
Chronologically   1819-1911. 


LABOR    LEGISLATION   FORTY-SEVENTH   GEXEBAL   ASSEMBLY. 


139 


BRIEF   ABSTRACTS    OF   THE    LABOR   LAWS   OF    ILLINOIS. 


(Arranged  Chronologically.) 


Date. 


Nature  of  the  Enactment. 


Providing  for  the  manner  of  binding  apprentices  and  for  their  protection.    [Statutes 

1819,  p.  5.] 
Providing  the  manner  of  binding  apprentices,  who  may  be  bound,  and  otherwise  regu- 
lating apprenticeship.    [Rev.  Laws  111.  1832-3,  p.  68.] 
In  an  Act  to  lease  the  penitentiary:    Regulating  the  use  of  convict  labor.    [Rev.  Stat. 

1845,  p.  583.] 
In  an  Act  defining  offenses  against  pubUc  health,  safety,  and  morals:    Prohibiting  labor 

on  Sunday.    [Rev.  Stat.  1845,  p.  177.] 
Making  it  a  misdemeanor  to  prevent  by  any  means  any  person  from  working  at  any 

lawful  business  on  any  terms;  applying  especially  to  coal  mining.    [Stat.  1863,  p.  70.] 
Providing  for  the  better  "securing  of  their  wages  to  laborers  in  the  building  trades,  by  giving 

them  liens  on  buildings:  applicable  in  certain  named  counties  onl}^    [Stat.  1863,  p.  57.] 
Extending  provisions  of  the  Mechanic's  Lien  Act  of  Feb.  14, 1863,  to' other  counties.    [Stat. 

ISCio,  p.  91.] 
Making  eight  hours  a  legal  day's  work,  except  in  farm  employment.    [Stat.  1867,  p.  101.] 
Extending  provisions  of  the  Mechanic's  Lien  Act  of  Feb.  14, 1863,  to  other  counties.    [Stat. 

1867.  p.  133.] 
Extending  provisions  of  the  Mechanic's  Lien  Act  of  Feb.  14,  1863,  to  stiU  other  counties. 

[Stat.  1869,  p.  258.] 
Repealing  the  Mechanic's  Lien  Act  of  Feb.  14, 1863,  and  substituting  a  general  law  for  the 

whole  State,  with  practically  the  same  provisions.    [Stat.  1869,  p.  255.] 
Providing  that  no  person  shall  be  debarred  from  any  emplojTnent  on  account  of  sex. 

[Stat.  1871-2.  p.  578.] 
Providing  for  the  health  and  safety  of  persons  employed  in  coal  mines;  regulating  escape- 
ment shafts,  ventilation,  signalling  and  hoisting;  specifying  qualifications  of  engineers; 

requiring  inspection;  prohibiting  employment  of  women  and  young  persons  under 

fourteen  years  in  mines.     [Stat.  1871-2,  p.  568.] 
Secvu-ing  to"  laborers  on  railroad  construction  work  a  lien  on  railroad  property  to  provide 

against  loss  of  wages.     [Stat.  1871-2,  p.  279.] 
Amending  Act  of  May  27, 1872,  for  the  protection  of  miners  by  prohibiting  the  employment 

of  young  persons  under  twelve  years  of  age.    [Stat.  1873-4,  p.  122.] 
Prohibiting  the  employment  of  children  under  the  age  of  fourteen  years  in  certain  em- 

plo%Tnents,  especiallv  in  public  exhibitions  and  in  vocations  injurious  to  health  or  dan- 
gerous to  life.     [Stat!  1877,  p.  90.] 
Amending  Act  of  May  27,  1872,  for  the  protection  of  miners,  by  specifying  requirement 

and  bv  creating  office  of  mine  inspector  in  each  county  where  minmg  is  carried  on. 

[Stat.  "1877.  p.  139.] 
Providing  for  the  more  thorough  protection  of  miners,  adding  to  inspectors'  duties  and 

powers,  and  increasing  penalties  for  violation.    Act  of  May  27,  1872,  partially  repealed. 

[Stat.  1879,  p.  204.] 
Creating  a  Bureau  of  Labor  Statistics.    [Stat.  1879,  p.  61.] 

Amending  Act  of  May  2S,  1879,  in  regard  to  mines,  by  creating  inspection  districts,  pro- 
viding for  appointment  of  Board  of  Mine  Examiners  and  of  inspectors  for  the  districts, 

and  giving  Bureau  of  Labor  Statistics  supervision  of  the  work  of  inspection.    [Stat. 

1883,  p.  116.] 
Amending  Act  of  May  28,  1879,  in  regard  to  mines,  by  providing  against  danger  from  fire 

or  suffocation  from"  smoke.    [Stat.  1883,  p.  114.] 
Amending  Act  of  May  28,  1879,  in  regard  to  mines,  by  providing  more  convenient  means 

of  escape  from  min'es,  and  better  ventilation.    [Stat.  1885,  p.  217.] 
Making  laborers  and  other  employes  preferred  creditors,  over  other  judgment  creditors, 

to  the  amount  of  850.00.     [Stat.  1887,  p.  308.] 


1819,  Feb. 

6 

1826,  Dec. 

30 

1845,  Mar. 

1 

1845,  Mar. 

3 

1863,  Feb. 

13 

1863,  Feb. 

14 

1865,  Feb. 

16 

1867,  Mar. 
1867,  Mar. 

5 

1869,  Mar. 

31 

1869,  Apr. 

5 

1872,  Mar. 

22 

1872,  Mar. 

27 

1872,  Apr. 

3 

1873,  Apr. 

24 

1877,  May 

17 

1877,  May 

23 

1879,  May 

28 

1879,  May 
1883,  June 

29 
18 

1883,  June 

21 

1885,  June 

30 

1887,  June 

15 

140 


BUKEAU    OF    LABOR   STATISTICS. 


Abstracts — Continued. 


Date. 


Nature  of  the  Enactment. 


1887,  June 

1(1 

1889,  June 

1 

1889,  June 

1 

1889,  June 

4 

1891,  June 

17 

1891,  Apr. 
1891,  May 

23 

28 

1891,  June 

18 

1893,  June 
1893,  June 

17 
17 

1895,  June 

15 

1895,  June 

21 

1895,  June 

21 

1595,  June 

21 

1895,  June 

21 

1S95,  June 

21 

1895,  June 

21 

1895,  June 

21 

1  9i,  Aug. 

2 

1  97,  June 
1< 97,  June 
1897,  June 

3 
7 

9 

1897,  June 

11 

1899,  Apr. 

11 

1893,  Apr. 

12 

89?,  Apr. 

18 

1^99,  Apr. 

24 

1901,  May 

10 

1901,  May 

11 

1£03,  May 

11 

1903,  May 

11 

1903,  May 

14 

1903,  May 

14 

1903,  May 

15 

Amending  Act  of  May  28, 1879,  in  regard  to  mines  and  the  various  amendments  to  that  Act , 

by  providing  for  daily  examination  of  mines,  and  for  better  protective  devices,  signals, 

etc.     [Stat.  1887,  p.  230.] 
Protecting  native  labor  by  prohibiting  the  employment  of  aliens  in  public  service  or  on 

public  work.     [Stat.  1889,  p.  2.] 
Providing  that  in  suits  to  recover  wages,  attorney's  fees  shall  be  allowed  to  plaint  ffi  n 

addition  to  wages.    [Stat.  1889,  p.  2.] 
Amending  Act  of  May  28,  1879,  in  regard  to  mines,  by  making  further  detailed  provisions 

as  to  ventilation,  examination  of  boilers,  etc.    [Stat.  1889,  p.  202.] 
Prohibiting  the  employment  of  any  child  under  thirteen  years,  except  those  upon  whom 

relatives  are  dependent  and  those  who  have  attended  school  eight  weeks  a  year.    [Stat. 

1891,  p.  87.] 
Requiring  the  weekly  payment  of  wages  by  corporations.    [Stat.  1891,  p.  213.] 
Prohibiting  the  payment  of  laborers  in  anything  but  lawful  money;  excepting  farm  labor- 
ers.    [Stat.  1891,  p.  212.] 
Providing  for  the  examination  and  certification  of  mine  managers  by  a  State  Board  of 

Examiners.    [Stat.  189'l,  p.  168.] 
Protecting  employes  in  their  right  to  belong  to  labor  organizations.    [Stat.  1893,  p.  98.] 
Regulating  tenement  manufacturers,  prohibiting  the  employment  of  children  under  four- 
teen years  in  factories,  limiting  hours  of  labor  for  women  to  eight  per  day,  and  creating 

office  of  factory  inspector.     [Stat.  1893,  p.  99.] 
Amending  Act  of  May  28,  1879,  in  regard  to  mines,  by  increasing  the  number  of  mining 

inspection  districts.     [Stat.  1895,  p.  252.] 
Including  in  judgments  for  wages,  payment  also  for  the  services  of  the  laborer's  horse  or 

team.    [Stat.  1895,  p.  173.] 
Amending  Act  of  June  15,  1887,  in  regard  to  preferred  claims  of  laborers,  by  extending  it 

to  include  claim  in  full  instead  of  limiting  the  amount  to  $50.00.    [Stat.  1895,  p.  242.] 
Giving  laborers  in  or  on  mines  and  miners  a  lien  against  mining  property  for  the  amount 

of  wages  due.    [Stat.  1895,  p.  242.] 
Amendmg  Act  of  May  28,  1879,  in  regard  to  mines,  by  requiring  the  examination  and  cer- 
tification of  fire  boses  and  hoisting  engineers  by  the  State  Board  6i  Mine  Examiners. 

[Stat.  1895,  p.  250.] 
Amending  Act  of  June  18,  1891,  in  regard  to  mine  managers  by  imposing  additional  qual- 
ifications.    [Stat.  1895,  p.  255.] 
Amending  Act  of  May  17,  1877,  in  regard  to  employment  of  children,  by  adding  certain 

employment  to  the  prohibited  list.    [Stat.  1895,  p.  153.] 
Amending  Act  of  May  28,  1879,  and  subsequent  Acts  in  regard  to  mines  by  requiring  more 

adequate  provision  for  ventilation  of  mines.    [Stat.  1895,  p.  258.] 
Creating  State  Board  of  Arbitration  for  the  investigation  and  settlement  of  differences 

between  employers  and  their  employes.    [Stat.  1895,  spec,  ses.,  p.  5.] 
Requiring  that  coal  miners  be  paid  in  lawful  money  for  all  coal  mined.    [Stat.  1897,  p.  27.] 
Requiring  coal  miners  to  show  evidence  of  competency.    [Stat.  1897,  p.  268.] 
Prohibiting  employment  of  children  under  fourteen  years  in  a  number  of  mercantile  and 

manufacturing  establishments,  and  regulating  employment  of  those  between  fourteen 

and  sixteen  years.    [Stat.  1897,  p.  90.] 
Requiring  blowers  on  emery  wheels  and  emery  belts  for  the  protection  of  persons  working 

with  them.     [Stat.  1897,  p.  250.] 
Creating  free  public  employment  agencies  and  regulating  their  operation,  and  regulating 

private  employment  agencies.    [Stat.  1899,  p.  268.] 
.Vmending  Act  of  Aug.  2.  1895,  in  regard  to  State  Board  of  Arbitration,  by  changing  the 

method  of  procedure.    [Stat.  1899,  p.  75.] 
Revising  all  laws  in  relation  to  coal  mining;  providing  for  health  and  safety  of  employes. 

[Stat.  1899,  p.  300.] 
Prohibiting  deception,  false  advertising,  false  pretences,  and  unlawful  force  in  procuring 

employes  to  work  in  any  occupation.    [Stat.  1899,  p.  139.] 
Amending  Child  Labor  Act  of  June  9,  1897,  by  limiting  number  of  hours  to  10  per  day  or 

60  per  week.     [Stat.  1901,  p.  231.]        r 
Amending  Act  of  Aug.  2,  1895,  in  regard  to  State  Board  of  Arbitration  by  giving  it  wider 

powers  m  time  of  strikes.    [Stat.  1901,  p.  90.] 
Creating  free  public  employment  offices  in  certain  cities  and  regulating  private  agencies. 

Partially  supplants  Act  of  April  11,  1899.    [Stat.  1903,  p.  194.] 
Regulating  convict  labor  and  protecting  free  labor  from  competition  with  convict  labor. 

[Stat.  1903,  p.  271.] 
Prohibiting  the  withholding  of  wages  due  employes  beyond  the  regular  pay  day.  [Stat. 

1903.  p.  198.] 
Requiring  coal  mines  to  be  provided  with  wash  rooms  for  the  use  of  miners.    [Stat.  1903, 

p.  252.] 
Prohibiting  employment  of  children  under  fourteen  years,  and  regulating  that  of  children 

between  fourteen  and  sixteen  years  in  shops  and  factories;  repealing  Child  I.,abor  Act 

of  June  17,  1891.    [Stat.  1903,  p.  187.] 


LABOR    LEGISLATION    FOHTi'-SKVKXTJI    GENLRAL   ASSEMBLY.  141 

Abstracts — (Jontinued. 


Natvire  of  the  Enactment. 


In  Act  revising  laws  in  regard  to  mechanic's  liens:    Making  wages  of  laborers  preferred 

liens.    [Stat.  1903,  p.  241.] 
Protecting  employes  and  travelers  by  comjielling  common  carriers  to  equip  cars   with 

automatic  couplers,  etc.    [Stat.  1905,  p.  350.] 
Amending  Mining  Act  of  April  18,  1899,  by  requiring  mine  examiners  at  all  mines.    [Stat. 

1905,  p.  324.] 
-Vmendmg  Mining  Act  of  April,.  18, 1899,  by  prohibiting  labor  of  boys  imder  sixteen  years, 

and  women  and  girls  of  any  age  in  or  about  a  mine.    [Stat.  1905,  p.  326.] 
Amending  Mining  Act  of  April  18, 1899,  by  revising  the  code  of  signals.    [Stat.  1905,  p.  329.] 
Requiring  that  operators  shall  employ  experienced' and  practical  shot-firers  in  coal  mines. 

[Stat.  1905,  p.  328.] 
Amending  Mming  Act  of  April  18,  1899,  by  increasing  indemnity  for  loss  of  life  in  mine 

accidents.     [Stat.  1907,  p.  396.] 
Amending  Mining  Act  of  April  18, 1899,  by  regulating  the  use  of  blasting  powder.    [Stat. 

1907,  p.  398.] 
Amending  Act  of  May  18, 1905,  in  regard  to  shot-firers,  by  specifying  qualifications  for  shot- 
firers  and  rules  for  shot  firing.    [Stat.  1907,  p.  401.] 
Requiring  emplovers  to  report  to  the  Bureau  of  Labor  Statistics  concerning  accidents  to 

their  employes!    [Stat.  1907,  p.  308.] 
Amending  Mining  Act  of  April  18, 1899,  by  requiring  that  there  be  refuge  places  in  side  walls 

of  mines  along  car  and  mule  tracks.    [Stat.  1907,  p.  397.] 
Amending  Mining  Act  of  April  IS,  1899,  by  creating  State  Mining  Board,  by  providing 

for  examination  of  mine  inspectors,  mine  managers,  hoisting  engineers,  and  'mme  exam- 
iners, and  by  regulating  mine  ventilation.     [Stat.  1907,  p.  387.] 
Creating  a  department  of  factory  inspection.    [Stat.  1907,  p.  310.] 
Providing  for  protection  and  safety  of  persons  employed  in  structural  work.    [Stat.  1907, 

p.  312.] 
Requiring  examination  of  coal  miners  to  prevent  employment  of  incompetent  i)ersons 

in  coal  mines.    Repeals  Act  of  Jime  7,  1897,  requiring  evidence  of  competency  of  coal 

mines.    [Stat.  1908,  spec,  ses.,  p.  90.] 
Amending  Act  of  May  29, 1879,  creating  Bureau  of  Labor  Statistics,  by  making  it  the  duty" 

of  emplovers  of  labor  to  afford  the  State  Commission  every  facility  in  procuring  statistics. 

[Stat.  1908,  spec.  ses..  p.  80.] 
Joint  resolution  No.  43,  providing  for  a  railroad  investigating  commission  to  investigate 

the  physical  conditions  of  all  railroads  of  the  State,  operation,  management,  employes 

and  .service  to  the' public.    [Stat.  1909,  p.  490.] 
Providing  for  the  guarding  and  protection  of  employes  in  the  use  of  hazardous  machinery 

in  factories  and  workshops.     [Stat.   1909,  p.  202.] 
Revising  Act  of  June  1,  1908,  providing  for  the  examination  of  coal  miners,  by  a  miner's 

examining  board,  appointed  by  county  judges.    [Stat.  1909,  p.  284.] 
Amending  Act  of  1903,  in  regard  to  the  moneys  received  from  license  fees,  private  employ- 
ment agencies,  and  requiring  a  bond  of  the  Secretary  of  the  Commissioners  of  Labor. 

[Stat.  1909,  p.  201.] 
Providing  for  the  establishment  of  a  department  of  mining  engineering  in  the  University 

of  Illinois.     [Stat.  1909,  p.  43.] 
Providing  for  certificates  of  registration  and  examination  of  persons  following  the  occu- 
pation of  barbers  and  creating  a  board  of  examiners,  appointed  by  the  Governor.    [Stat. 

1909,  p.  98.] 
Amending  Act  of  May  29,  1879,  creating  Bureau  of  Labor  Statistics,  enlarging  the  duties 

of  the  Commissioners  to  collect  statistical  details  of  manufacturing  industries  and  com- 
merce.   [Stat.  1909.  p.  199.) 
Providing  for  Mining  Investigation  Commission,  with  authority  to  investigate  conditions 

of  mining  coal,  safety  of  human  lives,  conservation  of  coal  deposits  and  submitting  a 

revision  of  the  coal  mining  laws  of  the  State.     [Stat.  1909, p.  55.] 
Amending  Section  4,  Act  of  1897,  providing  for  the  examination  and  issuing  certificates 

to  persons  engaged  in  the  business  of  plumbing  in  certain  cities.    [Stat.  1909,  p.  132.] 
Providing  for  the  size  and  equipment  of  caboose  cars  on  railroads  to  be  enforced  by  the 

Railroad  and  AVarehouse  Commissioners.    [Stat.  1909,  p.  306.] 
Relating  to  private  emplovment  agencies,  providing  for  a  chief  inspector  and  assistants 

and  repealing  Sees.  9,  10."  11  of  the  Act  of  May  11.  1903.     [Stat.  1909,  p.  213.] 
Providing  for  a  limit  often  hours  for  one  davs  work  for  women  employed  in  any  mechanical 

establishment  or  factory  or  laundrv.    [Stat.  1909,  p.  212.] 
Amending  Section  11,  Act  May  11,  1903.  and  Act  May  18,  1905,  in  regard  to  convict  labor 

and  providing  for  the  employment  of  prisoners  for  the  improvement  of  rivers.    [Stat. 

1909,  p.  303.] 
Providing  for  fire  fighting  and  rescue  stations  in  coal  fields.    [Stat.  1910,  p.  2.] 
Providing  for  fire  fighting  equipment  in  coal  mines.     [Stat.  1910.  p.  84.] 
Providing  for  a  commission  to  revise  the  building  laws.    [Stat.  1911.  p.  61.] 
Pro\-iding  for  establishing  and  maintaining  miners"  and  mechanics'  institutes.    [Stat. 

1911,  p.  329.) 


142 


buri':au  of  labor  statistics. 
A  hstracts — Concluded. 


Date. 


Nature  of  the  Enactment. 


1911,  May 
1911,  kay 

1911,  May 

1911,  June 

1911,  June 
1911,  June 

1911,  June 
1911,  June 

1911,  June 
1911,  June 

1911,  June 

1911,  June 
1911,  June 
1911,  June 


Amending  Section  50  of  Article  IX,  Act  of  1872,  providing  for  employment  on  public  works 

in  cities  and  villages.    [Stat.  1911,  p.  185.] 
Providing  for  mining  investigation  commission,  with  authority  to  investigate  conditions 

of  mining  coal,  safety  of  human  lives,  conservation  of  coal  deposits  and  submitting  a 

revision  of  the  coal  mining  laws  of  the  State.    [Stat.  1911,  p.  65.] 
Providing  greater  safety  to  life  and  propertv  from  loss  by  fire  and  explosion.    [Stat.  1911, 

p.  146.] 
Amending  Section  2,  Act  of  1907,  relating  to  department  of  factory  inspection.    [Stat. 

1911,  p.  326.] 
Prohibiting  certain  employment  in  basement.    [Stat.  1911,  p.  314.] 
Amending  Sections  2,  5  and  9,  Act  of  1910,  providing  for  mine  fire  rescue  stations.    [Stat. 

1911,  p.  424.] 
Revising  the  general  mining  law.    [Stat.  1911,  p.  387.] 
Amending  Sections  2, 4, 5, 6  and  7,  Act  of  1910,  providing  for  fire  fighting  equipment  in  coal 

mines.    [Stat.  1911,  p.  419.] 
Regulating  the  character  of  powder  used  in  coal  mines.    [Stat.  1911,  p.  385.] 
Amending  Act  of  1905,  relatmg  to  oil  and  gas  wells  in  vicinity  of  coal  mines.    [Stat.  1911, 

p.  426.] 
Amending  Section  1  and  10,  Act  of  1909,  relating  to  private  employment  agencies.    [Stat. 

1911,  p.  335.] 
Providing  for  compensation  to  employes  for  accidental  ihjury  or  death.    [Stat.  1911,  p.  314.] 
Guarding  against  occupational  diseases.    [Stat.  1911,  p.  330.] 
Amending  Sections  1  and  2  and  adds.  Sec.  5,  Act  of  1909,  providing  for  a  ten  Jiour  work  day 

for  females.    [Stat.  1911,  p.  328.] 


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(R3381slO)4188~A-32 


.General  Library 

University  of  California 

Berkeley 


7S35 
223695 


^C  3^512, 


